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Series. 


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Collection  de 
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I      I    Covers  damaged/ 


Couverture  endommag^e 

Covers  restored  and/or  laminated/ 
Couverture  restaurAe  et/ou  pelliculie 


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I — I    Pages  damaged/ 

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DIPLOMACY 


or    THK 


UNITED     I^TATES. 


BXINO 

•AJf   AOOOVITT  OF 

Sfte  iForeCfln  XlelatConis  of  the  itountvs, 

nOM    TBX    FIRST    TREATT    WITH    FRAWCE,    IN    1778,    TO    TBK 

PRESENT   TIME. 


SECOND   EDITION— WITH   ADDITIONS. 

By  THEODORE    LYMA]^r,  Jb. 


IN  TWO  VOLUMES. 


VOX.,  z. 


BOSTON; 

WELLS  AND  LILLY,-COURT  STREET. 

1828. 


''^. 


68195 


•*4*:  w 


r 


ADVERTISEMENT 


TO   THE 


FIRST    EDITION. 


This  work  is  intended  to  give  a  view  of  the  Foreign 
Relations,  an  account  of  the  policy  pursued,  or,  as  it  is 
sometimes  termed,  a  diplomatic  history  of  the  country, 
from  the  first  intercourse  of  the  Government  with 
Europe  in  1776 — 7 — »,  to  the  end  of  the  year  1814. 
We  have  selected  that  period  for  the  close  of  the 
**  account,"  as  a  general  pacification  then  took  place, 
and  those  considerations,  which,  during  the  wars  of  the 
French  revolution,  gave  so  much  importance  to  our 
negotiations  abroad,  were,  in  consequence  of  the  state 
of  peace,  entirely  put  at  rest. 

We  have  given  a  condensed  exposition  of  some  of 
the  important  principles  of  the  Laws  of  Nations,  brought 
into  discussion  since  the  year  '92,  though  the  nature  of 
the  work  has  not  permitted  an  extended  dissertation 
on  any  of  those  topics. 

It  is  proper  to  observe  that,  in  preparing  this  work, 
great  use  has  necessarily  been  made  of  the  collection 
of  American  state  papers,  and  of  the  journals  of  Con- 
gress, both  of  the  Confederation,  and  of  the  present 
government,  together  with  the  documents,  debates,  &c. 
to  be  found  in  the  Parliamentary  History  of  Great 
Britain,  and  other  works  of  that  description.  The 
valuable  collections  of  the  Ebeling  and  Warden  libra- 
ries on  American  subjects,  now  in  the  possession  of 
Harvard  University,  and  the  excellent  collection  of 
American  tracts  in  the  Athenaeum  in  this  town,  may 
be  consulted  to  advantage  on  any  topic,  relative  to  this 
country. 

Boston,  April  182G. 


ADVERTISBMBNT 


TO    THB 


SECOND     EDITION. 


In  the  present  edition  this  work  has  been  continued 
to  the  beginning  of  the  year  1828,  including  an  ac- 
count of  our  relations  with  the  Barbary  Powers  and 
the  South  American  states.  That  part,  which  extends 
to  the  treaty  of  Ghent,  is  now  presented  in  a  second 
edition  with  considerable  additions.  Since  the  publi- 
cation of  the  first  volume,  we  have  had  the  advantage 
of  consulting  the  secret  correspondence  of  our  minis- 
ters and  commissioners  abroad  during  the  Congress  of 
the  Confederation,  as  well  as  the  papers  of  some  emi- 
nent citizens,  that  have  been  employed  on  diplomatic 
missions  by  the  Federal  government.  We  take  this 
opportunity  to  express  the  great  obligations  we  are 
under  to  those  gentlemen,  by  whose  obliging  attention 
we  have  been  permitted  to  examine  many  valuable 
letters  and  documents. 

In  the  arrangement  of  the  work,  the  different  sub- 
jects have  been  treated,  as  far  as  was  practicable,  in  a 
chronological  order,  with  the  exception  of  Sweden  and 
Denmark.  The  negotiations  of  the  United  States 
with  those  powers  have  been  so  limited  since  the 
treaty  of  Ghent,  that  it  has  not  been  thought  advisable 
to  devote  separate  chapters  to  their  consideration. 

In  the  appendix  to  the  second  volume  will  be  found, 
besides  other  matter,  the  laws,  regulating  the  privi- 
leges of  foreign  ministers  in  this  country  as  well  as 
the  pay  and  emoluments  of  our  own,  together  with  the 
principal  important  acts,  relative  to  discriminating  im- 
portation duties  and  tonnage  rates.  .   ijn.  ■  > 

Boston^  October  lQ2ii.  ^ 


^^v 


♦       "J^  •*-'. 


CONTENTS. 


CHAPTER  I. 

PRELIMINARY  RExMARKS.    CONFEDERATION,  &c. 

Powers  of  First  Congress  as  to  Foreign  Relations  defec- 
tive— Adoption  of  Confederation — Powers  of  Constitution  of 
'89 — Powers  of  House  of  liepresentntives  as  to  Treaties — 
Foreign  business  first  done  by  Secret  Committees,  very  labo- 
rious— Department  for  Foreign  Affairs  established — Address 
of  letters — First  Secretary — Salary — Department  under  the 
Constitution — One  of  the  Cabinet — Right  of  President  to  re- 
move— United  States  never  sent  or  received  an  "  Ambassador" 
— Rules  for  reception — Diplomatic  Agents  of  the  Confedera- 
tion— Expenses  of  the  Diplomatic  Corps  under  the  Confedera- 
tion— Salaries,  &c.  under  the  Constitution — Private  instruc- 
tions to  Ministers — Gold  Medal  for  Foreign  'Ministers — Cere- 
monial of  first  Minister  very  difficult  to  u  . -^e — Somewhat 
ludicrous — Extract  from  Secret  Journals — *.  resent  mode  of 
accrediting, 

'.   .  CHAPTER  H. 


Pa&o 


TREATIES    OF    AMITY    AND    COMMERCE,  AND    OF  AL- 
LIANCE  OF   1778,   WITH  FRANCE. 

Confederation  little  hopes,  or  means,  of  obtaining  foreign 
assistance — Deane  sent  to  France  in  '7G  to  obtain  supplies — 


VI 


CONTENTS. 


Pag* 

Remnrkabic  letter  of  Vcrgcnnes — Frnnklin,  Deane  and  Jeffer' 

son  elected  Commissioners  in  '7G — Jeflcrson  excused  from 
(^oing — Private  aid  early  from  France — Lee  chosen  in  hit 
place — Not  officially  received — Alarming  situation — Private 
account  of  affairs  at  French  Court — Franc  disposed  to  with- 
draw all  succour — Commissioners  had  secret  Correspondence 
in  London — News  of  Burgoync's  Surrender — Treaties  signed 
— Account  of  Negotiation — Difficulty  respecting  Molasses — • 
Commissioners  proi^ented  at  Court — Treaty  of  alliance  dan- 
gerous— Great  attention  to  Franklin — Anecdotes  of  him— 
Gerard  appointed  Minister  to  America — Sails  in  d^Estaing^s 
Flag  Ship — Presented  to  Congress — Ceremonial — Franklin 
elected  to  Versailles — Franklin  complains  of  number  of  Minis- 
ters— Complimentary  Letter  to  Luzerne — Misunderstanding 
between  Adams  and  Vergcnnes — Franklin's  request  to  return 
— Medal  to  Luzerne — Keturns  to  America — Succeeded  by  Jef- 
ferson— De  la  Luzerne  succeeds  Gerard — Jefferson  buys 
Deane's  papers,        it 


CHAPTER  III. 


TREATY  OF  1782  WITH  THE  NETHERLANDS. 


Second  power  to  make  a  Treaty  with  United  States — War 
between  United  Provinces  and  England — Causes — Lee,  failing 
at  Berlin,  enters  secretly  into  a  correspondence  with  the  Re- 
gency of  Amsterdam — not  suspected  by  Sir  Joseph  Yorke — 
Early  correspondence  between  Van  Berckel  and  commission- 
ers— Lee  agrees,  at  Frankfort,  on  a  Treaty  with  Neufville — 
Secret  discovered  by  capture  of  Laurens— Amsterdam  richest 
City  in  Europe — Laurens's  letters  from  Tower  of  London — 
Laurens  chosen  to  Holland — Subsequently  Adams — His  letters 
from  Holland — States  General  very  dilatory  in  recognising  In- 
dependence— Three  classes  of  Treaties — Remarks  on  Na- 
tional Law — Neutral  Rights  badly  defined — United  States  first 
commercial  rival  of  England — Other  nations  rivals  in  war —  -*' 
Mr.  Adams  concludes  a  Treaty,  and  makes  Loans — Van  Berc- 
kel appointed  Minister  to  United  States, 70 


CONTXNTi. 


Tii 


CHAPTER  IV. 

TREATY  OF  1783  WITH  GREAT  BRITAIN. 

PiH« 
Lord  North  attempts  a  Peace — America  early  conqaercd 

every  thing  she  sought — Members  of  Parliament  see  Franklin 
privately — Ministry,  as  well  as  Opposition  against  acknowledg- 
ment  of  Independence — Lord  Chatham  speaks  against  it- 
Mediation  of  European  courts — Unsuccessful — Adams'  cor- 
respondence with  Vergennes  respecting  official  character — 
Austria  and  Russia  not  in  favour  of  Independence — General 
Conway's  resblution — Decides  the  question  of  War — New 
Ministry — Oswald  and  Grenville  sent  to  Paris — Not  officially 
— Failed — Lord  Cholmondelly  visits  Franklin — Shelburne's 
Administration — Franklin's  correspondence — Oswald  instructed 
to  acknowledge  the  Independence — Account  of  Negotiation 
from  secret  journals — Adams,  Franklin,  Jay,  Laurens  and  Jel- 
ferson  authorized  to  treat — Meet  at  Paris — Jay's  firmness  in 
declining  to  treat — Opposed  to  Vergennes  and  Franklin — Gets 
Oswald's  commission  altered — DiflicuKy  as  to  loyalists — Make 
a  compromise  through  violation  of  instructions — Anecdote  of 
Jay — Conclude  a  Treaty — Boundaries — Fisheries — Agreed  to 
Treaty  without  consulting  France — Violation  of  Instructions — 
Explained — Michel's  Map — France  and  Spain  desirous  of  Fish- 
eries and  Western  Country — De  Rayneval's  opinion  of  boun- 
daries— Treaty  honourable  and  favourable  to  America — Un- 
popular in  England — Ministry  in  minority  on  first  division — 
Necessary  sacrifice, 86 


CHAPTER  V. 

TREATIES  OF  1785  AND  1799  WITH  PRUSSIA. 

Fourth  power  in  Europe  to  conclude  a  Treaty — Lee  ap- 
pointed in  '77  to  Berlin  and  Vienna — Not  received  by  either 
court — Remarks  on  Austria — His  full  powers  stolen  at  Berlin 
— His  account  of  that  business — Hessians  made  to  pay  same 


Tin 


CONTENTS. 


Pa|« 


toll  as  cattle— Cnrmichaers  letter — Letter  from  King  to  Lee 
— Letters  from  Prussian  Minister — Adams  respecting  Eliot — 
Prince  Henry — Treaty  of  *85— Peculiar  provisions — Private 
war  abolistied — Treaty  of  '99 — Last  mission  to  Prussia  politi- 
cal— Dangerous  policy, 131 


CHAPTER  VI. 

TREATY  OP  1794  WITH  GREAT  BRITAIN. 

Confederation  no  power  over  Commerce — Commercial  con- 
ventions  witli  France,  Holland,  Prussia  and  Sweden — No  trade 
—Trade  to  England  only  important  one — Depended  on  an 
annual  act  of  Parliament — Policy  at  variance  with  Europe — 
Mr.  Adams  chosen  to  St.  James — First  envoy — Adams'  address 
to  King  and  the  answer — Well  received — Notes  with  Lord 
Caermarthen — Presentation — England  refused  to  make  a  trea- 
ty— Account  of  violations  of  treaty  of  '83 — Debts — Interest — 
Remarlts  on  Navy  and  Commerce — Symptoms  of  war  in  Eu- 
rope— Pass  off — Inscription  on  gate  at  Cherson — Confederacy 
dissolved — Randolph's  letter  on  state  of  Parties — Hammond, 
first  envoy  to  this  country — Morris — Pinckney — Origin  of  op- 
pressive acts  by  belligerents — War  between  France  and  Eng-  J 
land — Provisions  contraband — Rules  of  neutrality — Danger  of 
a  war — Executive  appoints  Mr.  Jay  to  London — Jay's  instruc- 
tions— Decides  question  of  neutrality — Concludes  a  treaty — 
Unpopular — Disturbances  on  account  of  treaty — Eventually  " 
favourable  to  the  United  States, 164 


CHAPTER  VII. 


TREATY  OF  1795  WITH  SPAIN. 


Spain  powerful  at  time  of  Rovolution— 'Family  Compact-— 
Great  American  possessions — Franklin  appointed  minister  in 
'77  to  Madrid — Important  letter— A.  Lee  goes  to  Bilboa— Let- 
ter of  Grimaldi — Europe  secretly  hostile  to  England — Spain 


COlfTlSWTS. 


fx 


aro!(!«  the  coalition— StrUcs  to  reconcile  Franco  and  England 
— FniU — Declnrcfl  war  ngninst  Enjflnnd  in  '79 — Jay  sent  to 
Spain— Received— Details  of  his  procccdinpfs— Makes  no  trea- 
ty— English  government  sent  Cumberland  to  Madrid — Fails- 
Important  instructions — De  Florida  Blanca's  mistnlie  respect- 
ing invitation  to  Jay — Carmichael,  Charge — Presented  at 
Court — Letter  concerning  la  Fayette — Gnrdoqui,  Spanish 
Chargfe— Treats  respecting  boundaries— Nothing  done — South 
and  North  divide  on  the  navigation  of  the  Mississippi — South 
in  minority — Short  and  Carmichael,  commissioners  to  Spain — 
Remarks  on  Mississippi — Important  instructions — Spain,  hav- 
ing entered  the  coalition  of  '9.3,  unwilling  to  treat — Indians- 
Acts  of  hostility  In  Kentucky — Short — Viar — Jaudenes — Peace 
of  Basle — Godoy — Pinckney  sent  to  Madrid — Treaty  of  San 
Lorenzo  el  Real  with  Prince  of  Pence — Right  of  deposite  at 
New  Orleans  suspended — Eastern  and  Western  boundaries  of 
Louisiana — France  opposes  claims  of  United  States — Govern- 
ment take  possession  of  W.  Florida — Folch — Kemper — Spoli- 
ations— Settled  by  transfer  of  E.  Florida — Humphreys — Yrujo 
— Bowdoin — Intercourao  renewed  In  1814 — Erving,     .     .     . 


Pa|« 

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I 


(i 


-  CHAPTER  VIII. 

/  CONVENTION  OF  1800  WITH  FRANCE. 

Jefferson  elected  again  to  France — Jefferson's  letters  on 
French  Revolution — Permission  to  return — Jay's  letter  on 
Federal  Government — De  la  Luzerne  is  succeeded  by  De 
Moustier — Morris  succeeds  Jefferson  and  Ternan  de  Moustier 
— Washington's  illness — French  Revolution  embarrassing  to 
Government — Perplexing  question  whether  a  Minister  should 
be  received  from  the  French  Republic — M.  Genet — Death  of 
the  King — Excellent  remark  of  Morris — Less  enthusiasm  for 
the  Revolution — Proclamation  of  neutrality — Remarks  on  that 
subject — Very  difficult  negotiation  with  Genet — His  demands 
examined — Monroe  goes  to  France — Government  solicit  the 
recall  of  Genet — His  unsuitable  language — Dismissed — Is  suc- 
ceeded by  Faychet — More  temperate — Adet  succeeds  Fauchet 


I 


i> 


209 


VOL.    I. 


B 


CONTENTS. 


— Outrage  on  Fauchet — France  extremely  dissatisfied  with 
state  of  things — Monroe  opposed  to  administration — Want  of 
instructions — Jay's  treaty — Pinckney  succeeds  Monroe — Not 
received  by  tlie  Directory — Ordered  to  leave  France — Extra- 
ordinary proceeding — Pinckney,  Marshall  and  Gerry  appoint- 
ed— Not  received,  though  cards  of  hospitality  sent  them — 
Instructions — W.  Y.  Z. — Talleyrand  proposes  to  treat  with 
one  Commissioner  only — Rejected — Pinckney  and  '  rshall 
leave  France — Talleyrand's  account  of  negotiation — Gerry 
remains — Origin  of  parties — HostilitiesT-Talleyrand  brings 
on,  by  means  of  Pichon,  another  ne£;otiation — Ellsworth,  Mur- 
ray and  Davie  appointed  to  France — Properly  received — First 
Consul — Account  of  negotiation — Convention — Bonaparte  de- 
sirous of  peace — French  government  poor — Convention  has- 
tily made,       


Page 


283 


CHAPTER  IX. 


CESSION  OF  LOUISIANA  f    , 

Purchase,  a  good  one — Necessary  for  Wester   country — In 
'90  de  Moustier  made  enquiries  respecting  Weste.     country- 
French  possessions  in  North  America  extinguishei   by  treaties 
of  '62  and  '63— Louisiana  secretly  ceded  to  Fr    ,ce — Great 
uneasiness   in    America — War  with    France — C    lition  with 
England — France  prepares  to  lake  possession  of  il    -Prevented   t*. 
by  renewal  of  war — Monroe  sent  to  France —    iportant  in-        '1 
structions — Details  of  negotiation — First  price  exx^rbitant —         - 
Ceded  to  United  States — Terms — Made  a  "territory"  and 
then  a  state — Letter  of  British  officer  on  Louisiana,     .    .    .  367 


CHAPTER  X. 


CONTINENTAL  SYSTEM. 


-  * 


■M 


Livingston  Minister  in  France — Turreau  and  Serrurier  in 
this  country — America  very  prosperous — Berlin  Decree — 


CONTENTS. 


Pa(e 


Great  Calamity — Beginning  of  Continental  System — All  Con- 
tinent, except  Turkey,  in  the  League — America  only  neutral 
— Milan  Decree — Canton,  in  China,  only  port  not  hlockaded —  * 
Embargo — Bayonne  and  Rambouillet  Decrees — Cause  of  War 
against  France — Repeal  of  French  Decrees — England  refused 
to  acknowledge  the  validity  of  the  act — Antedated  Decree — 
French  Spoliations — No  indemnity — Angry  correspondence 
with  France, 408 


CHAPTER  XI. 
RELATIONS  WITH  RUSSIA. 


..U.J 


Not  originally  applied  to  for  aid  by  Congress  of  '77 — Little 
known  at  that  time  in  Europe — Relations  friendly — Armed 
neutrality — Dana  sent  to  Russia  in  '80 — Propriety  of  applying 
to  foreign  courts — Izard's,  Adams'  and  Franklin's  opinions — 
Instructed  to  propose  America  as  a  member  of  the  armed 
neutrality — Not  received  by  the  Empress — French  ministers 
abroad  kind — Dana  in  awkward  situation  at  St.  Petersburg^ 
Letters  to  Russian  ministers — Singular  opinion  of  Empress — 
Russia  not  disposed  to  acknowledge  independence — Anecdote 
of  Franklin  and  Count  du  Nord — Neutrality  awakens  great 
anxiety — Congress,  at  return  of  peace,  took  earliest  steps  to 
prevent  a  connexion  with  '^  Armed  Neutrality" — Instructions 
to  ministers  in  Europe  not  to  agree  to  support  neutrality  by 
force  of  arms — Adams,  minister  to  Russia — Pahlen  to  this 
country — Daschkoff — No  treaty  or  commercial  convention, 
though  great  trade, 423 


CHAPTER  XH. 


RELATIONS  AND  TREATY  OF  1827  WITH  DENMARK. 

No  diplomatic  intercourse — Letter  of  Rosencrone  to  Frank- 
lin— John  Paul  Jones  sent  to  Copenhagen — Erving  sent  to 
Denmark  in  1811 — Account  of  spoliations — French  and  Danish 


3ui 


ooirrsirrs. 


Pag« 


privateerfl — Captures — Convoy    cases — New  aggresdpn  on 
neutral  rights — Remarks  on  that  subject — None  of  the  con-    ■■''-• 
demnations  of  1809,  1810,  revised — Convoy  cases  not  restored 
— Erving  leaves  Copenhagen — Treaty  of  1826 — Provisions — 
Wheatoa  cbai^ge  to  Copenhagen — Settles  the  Claim,      .    ^.    .  437 


CHAPTER  XIII. 


TREATIES  OF  1783—1816—1828  WITH  SWEDEN. 


Sweden,  only  power  that  voluntarily  offered  its  friendship 
to  Congress  of  confederation— No  applications  specially  made 
to  Northern  Powers  in  early  part  of  war — M.  de  Creutz  of- 
fered in  '82  to  make  a  treaty — Treaty  of  Paris  of  '83 — Pro- 
visions  similar  to  that  of  Netherlands — No  minister  till  1813 
— M.  de  Kantzow — Jonathan  Kussell  of  Massachusetts — De- 
mand for  property  r.onfiscated  at  Stralsund — Relations  friendly 
with  Sweden — Kuti!f>?ll  makes  treaty  in  1816  with  Sweden — 
Renews  the  subject  of  the  claims — Correspondence — Settled 
by  private  contract — Mr.  Hughes  and  Mr.  Appleton,  charg6f 
Treaty  of  1827 — Stackelberg  charge  from  Sweden,      < 


447 


:  1 


.     ;  .  I      -^    J         '1 


;r   -^m^-' 


I:*  '  ,  .i*Jr.= .',, 


TREATIES,   &c. 


CHAPTER    I. 

PRELIMINARY  REMARKS.    CONFEDERATION,  &c. 

Powers  of  First  Congress  as  to  Foreign  Relations  defective — Adoptiofi 
of  Confederation — Powers  of  Constitution  of  '89 — Powers  of  House 
of  Representatives  as  to  Treaties — Foreign  busineisfrst  done  by  Se- 
cret Committees^  very  laborious — Department  for  Foreign  Affairs 
established — Address  of  letters — First  Secretary — Salary — Depart' 
ment  under  the  Constitution — One  of  the  Cabinet — Right  of  President 
to  remove — United  States  never  sent  or  received  an  "  Ambassador''^ 
— Rules  for  reception — Diplomatic  Agents  of  the  Confederation — 
Expenses  of  luc  Diplomatic  Corps  under  the  Confederation — Sala- 
ries., ^c.  under  the  Constitution — Private  instructions  to  Ministers — 
Gold  Medal  for  Foreign  Ministers — Ceremonial  of  first  Minister 
very  difficult  to  arrange — Somewhat  ludicrous — Extract  from  Secret 
Journals — Present  mode  of  accrediting. 


We  propose,  in  this  chapter,  briefly  to  recite  the  power  of 
Congress  under  the  confederation  of  '78,  and  of  the  govern- 
ment under  the  constitution  of  '89,  in  regard  to  the  relations 
of  the  country  with  foreign  states,  together  with  such  cir- 
cumstances, as  properly  belong  to  the  management  of  foreign 
affairs.  It  is  well  known,  that  the  fust  assembly  of  dele- 
gates  from  the  thirteen  colonies,  or  parts  of  colonies,  was 
held  in  September  '74,  in  Philadelphia.  The  meeting  was 
convened  on  the  proposition  of  the  Province  of  Massachusetts 
Bay  ;  and  was  annually  renewed  by  a  vote  of  the  Congress 

VOL.     I.  1 


I'RELIMINARY    REMARKS.       CONFEDERATION,   &C. 


itself,  till  1778,  when  the  different  colonies  or  provinces, 
having  instructed  their  delegates  to  sign  the  articles  of  "  Con- 
federation and  perpetual  Union,"  agreed  on  by  Congress  in 
the  preceding  November,  an  organized  government,  usually 
known  by  the  name  of  the  Confederation^  was  established. 
Before  this  period,  the  delegates  to  the  Congress  acted  by 
the  special  instructions  of  the  Province  Legislatures,  or  of 
the  committees  of  the  people, — by  whom  they  were  chosen. 
These  instructions  were  of  various  import ; — some  delegates, 
indeed,  were  not  furnished  with  any  powers  whatever  ; — 
their  discretion  was  unlimited.  But  in  general  the  repre- 
sentatives were  authorised  to  consult  for  the  public  good  and 
general  welfare,  either  by  securing  the  liberties  of  the  pro- 
vinces, or  by  establishing  a  just  and  safe  commercial  ar- 
rangement with  the  mother  country.  A  Congress,  thus  com- 
posed, was  not  invested  with  constitutional  authority.  Even, 
if  the  instructions  of  the  delegates  had  been  binding  on  their 
respective  legislatures,  the  different  legislatures  would  not 
have  been  bound  in  an  equal  degree  ;  for  some  delegates 
were  without  instructions,  and  to  those,  who  were  furnished 
with  them,  a  great  variety  of  powers  were  given.  The  co- 
lonies, or  provinces,  were  not  parties  to  any  instrument;  they 
did  not  jointly  agree  to  support  any  one  measure  ;  much 
less  the  great  system  of  measures  by  which  the  revolution 
war  was  conducted.  But  the  exigency  of  the  case,  the  dan- 
ger of  the  country,  the  necessity  of  preservation,  supplied 
the  deficiencies  of  form.  The  Congress  of  '74  did  not  ap- 
pear to  believe,  that  a  war  would  take  place — they  did  not 
expect  a  separation  from  the  mother  country — they  took  no 
direct,  immediate  measures  to  resist,  by  force,  the  unjust 
pretensions  of  the  British  government.  This  Congress  re- 
mained in  session  six  weeks  with  closed  doors.  They  adopt- 
ed a  non-importation,  non-exportation,  and  non-consumption 
agreement — they  prepared  a  petition  to  the  king — and  an 
address  to  the  people  of  Great  Britain  ; — public  documents, 
which  will  always  be  admired,  as  long  as  good  writing,  man- 
ly sense,  and  just  practical  notions,  both  of  civil  and  political 
liberty,  merit  applause.     The  Congress  of  '75  entered  upon 


% 


PRELIMINARY    REMARKS.       CONFEDERATION,   &C. 


3 


the  war,  and,  from  the  time  General  Washington  was  appoint* 
ed  to  command  the  continental  forces  to  the  confederation  in 
'78,  they  levied  men,  borrowed  money,  sent  ministers,  con- 
cluded treaties,  and  performed  most  of  the  acts  of  a  sovereign 
government.  In  '78,  as  we  have  already  said,  the  confede- 
ration*' was  adopted  by  the  thirteen  colonies,  under  the  title 
of  the  "  United  States  of  America."  This  is  the  date  of  a 
constitutional  government  in  this  country.  Whether  as  par- 
ties to  this  instrument,  or  to  the  act  of  Union  of  '89,  the 
states  severally  and  mutually  pledged  their  faith,  in  as  so- 
lemn a  manner  as  could  be  done,  to  abide  by  the  determi- 
nation of  the  United  States  in  Congress  assembled  on  all 
questions  that,  by  the  confederation  or  the  constitution,  were 
subjected  to  their  deliberation  and  control.  This  was  a  re- 
gular contract,  obligatory  in  an  equal  manner,  and  to  a  de- 
fined extent.  We  shall  only  mention  the  provisions  of  the 
first  "  Union"  that  relate  to  the  subject  of  this  work. 

"  The  United  States,  in  Congress  assembled,  shall  have  the  sole 
and  exclusive  right  and  power — Of  determining  on  peace  and  war, 
except  in  the  cases  mentioned  in  the  sixth  article — Of  sending  and 
receiving  ambassadors — Entering  into  treaties  and  alliances,  pro- 
vided that  no  treaty  of  commerce  shall  be  made,  whereby  the  le- 

*  The  idea  of  a  confederacy  was  not  altogether  new.  A  scheme  of 
this  sort  was  discussed  in  a  meeting  of  delegates  at  Albany  in  1754, 
though  for  a  different  purpose.  The  king  in  council  rejected  the  ap- 
plication. In  July  '75,  a  year  before  the  Declaration  of  Independ- 
ence, Congress  took  the  matter  of  a  confederacy  and  union  into  con- 
sideration, the  inconvenience  and  even  fatal  danger  of  their  actual 
condition  being  abundantly  apparent.  The  first  sketch  was  proposed 
by  Dr.  Franklin,  a  member  from  Pennsylvania.  This  did  not  differ 
materially  from  the  articles  afterwards  agreed  on,  though  America 
could,  by  no  means,  at  that  period,  be  considered  aa  separated  from 
England.  An  amended  copy  of  this  scheme  was  afterwards  reported 
by  a  committee  in  July  '7G.  This  is  said  to  be  in  the  handwriting  of 
Mr.  Dickinson,  the  well  known  author  of  the  Farmers'  Letters.  It  is 
evident,  Congress  did  not  think  it  important  to  adopt  articles  of  per- 
petual union  till  a  reconciliation  with  Great  Britain  became  utterly 
hopeless.  The  articles  were  extremely  discussed  ;  and  were  finally 
accepted  in  November  1777. 


PRELtMIKARY   REMARKS.       CONFEDERATION,    &C. 


:%^ 


gialative  power  of  the  respective  states  shall  be  restrained  from 
imposing  such  imports  and  duties  on  foreigners,  as  their  own  peo- 
ple are  subjected  to,  or  from  prohibiting  the  exportation  or  im- 
portation of  any  species  of  goods  or  commodities  whatsoever" — 
"  To  borrow  money  or  emit  bills  on  the  credit  of  the  United  States, 
transmitting  every  half  year  to  the  respective  states  an  account  of 
the  sums  of  money,  so  borrowed  or  emitted" — "  The  United  States, 
in  Congress  assembled,  shall  never  engage  in  a  war,  nor  grant  let- 
ters of  marque  and  reprisal  in  time  of  peace,  nor  enter  into  any 
treaties  or  alliances,  nor  coin  money,  nor  regulate  the  value  there- 
of, nor  ascertain  the  sums  and  expenses  necessary  for  the  defence 
and  welfare  of  the  United  States,  or  any  of  them,  nor  emit  bills, 
nor  borrow  money  on  the  credit  of  the  United  States,  nor  appro- 
priate money,  nor  agree  upon  the  number  of  vessels  of  war  to  be 
built  or  purchased,  or  the  number  of  land  or  sea  forces  to  be  rais- 
ed, nor  appoint  a  commander  in  chief  of  the  army  or  navy — unless 
nine  states  assent  to  the  same." 

Each  state  had  one  vote  ;  but  no  state  could  have  more 
than  seven  delegates  in  the  Congress. 

Peace  having  been  made,  the  nation  was  speedily  con- 
vinced that  the  confederation  was  altogether  inadequate  in 
all  matters  of  trade,  for  all  purposes  of  revenue  and  com- 
merce, and  of  intercourse  of  every  description  with  foreign 
states.  The  present  constitution  was  adopted,  and  went 
into  operation  on  the  4th  of  March  1789.  Under  this  in- 
strument. Congress  has  power  to  "  lay  and  collect  taxes" — 
"  to  borrow  money  on  the  credit  of  the  United  States" — 
"  to  regulate  commerce  :"  but  the  "  President  has  power, 
by  and  with  the  advice  and  consent  of  the  Senate,  to  make 
treaties,  provided  two  thirds  of  the  Senators  present  concur, 
and  he  shall  nominate,  and  by  and  with  the  advice  and  con- 
sent of  the  Senate,  shall  appoint  ambassadors,  other  public 
ministers,"  &c.  This  is  the  mode  in  which  the  constitution 
directs  that  foreign  intercourse  shall  now  be  maintained. 
Treaties  are  the  supreme  law  of  the  land,  and  all  courts 
must  take  notice  of  them.  The  judiciary  cannot  declare  a 
treaty  to  have  been  violated  and  therefore  void.  This  pow- 
er belongs  solely  to  Congress  ;  but  it  is  not  settled,  whether 


'■^ 


PRELIMINARY    REMARKS.       CONrSDERATIOlT,    &C. 


ive  more 


the  courts  have  not  power  to  declare  an  article  of  a  treaty 
unconstitutional. 

"  In  the  year  1796,  after  the  treaty  with  Great  Britain  was  ra- 
tified by  the  President  and  Senate,  and  was  proclaimed  by  the  Pre- 
sident, it  became  a  question  how  far,  under  the  constitution,  a 
treaty  was  binding  on  Congress  as  a  legislative  body.  In  the  dis- 
cussion of  this  question,  in  the  House  of  Representatives,  it  was 
contended  on  the  one  hand,  that  a  treaty  was  a  contract  between 
two  nations,  which,  when  made  by  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate,  was  binding  on  the  nation,  and 
that  a  refusal  by  the  House  of  Representatives  to  carry  it  into  ef- 
fect, was  breaking  the  treaty  and  violating  the  faith  of  the  nation. 
On  the  other  hand  it  was  contended,  that  a  treaty  which  required 
an  appropriation  of  money,  or  any  act  of  Congress  to  carry  it  into 
effect,  was  not,  in  that  respect,  obligatory  till  Congress  had  agreed 
to  carry  it  into  effect,  and  they  were  at  full  liberty  to  make  or 
withhold  such  appropriation  or  act,  without  being  chargeable  with 
violating  the  treaty,  or  breaking  the  full  faith  of  the  nation.  Ac- 
cordingly the  House  of  Representatives  passed  a  resolution  calling 
on  President  Washington  to  lay  before  them  the  instructions  to  the 
Minister  (Mr.  Jay),  who  had  negotiated  the  treaty  with  Great 
Britain,  and  the  correspondence  and  documents,  except  so  far  as 
on  account  of  the  pending  negotiation,  they  were  improper  to  dis- 
close. The  President  declined  a  compliance  with  the  request, 
stating,  among  other  reasons,  that  a  treaty  duly  made  by  the  Pre- 
sident and  Senate,  became  the  law  of  the  land  and  was  obligatory ; 
that  the  assent  of  the  House  of  Representatives  was  not  necessary 
to  the  validity  of  a  treaty,  and,  therefore,  the  papers,  requested, 
could  not  come  under  the  cognizance  of  the  House  of  Representa- 
tives, except  for  the  purpose  of  impeachment,  which  was  not  stat- 
ed to  be  their  object.  The  House  of  Representatives  thereupon 
passed  resolutions,  disclaiming  the  power  to  interfere  in  making 
treaties,  but  asserting  their  right,  whenever  stipulations  were  made 
on  subjects  committed  to  Congress  by  the  constitution,  to  delibe- 
rate on  the  expediency  of  carrying  them  into  effect ;  and  in  legis- 
lating on  several  treaties  then  before  them,  they  struck  out  the 
words  "  that  provision  ought  to  be  made  by  law,"  and  substituted 
words,  which  declared  merely  the  expediency  of  passing  the  neces- 
sary laws.     In  the  session  1815,  IC,  the  question,  as  to  the  effect  of 


9  DEPARTMENT    OF    FOREIGN    AFFAIRS.  ' 

a  treaty,  arose  again  in  Congress,  and  was  elaborately  discussed  in 
both  branches.  A  commercial  treaty  had  been  made  at  London, 
in  the  month  of  July  preceding,  between  the  United  States  and 
Great  Britain,  by  which  it  was  agreed  to  abolish  the  discriminating 
duties  on  British  vessels  and  cargoes,  then  existing  under  the  acts 
of  Congress ;  and  a  bill  was  passed  in  the  House  of  Representatives 
particularly  enacting  the  same  stipulations  as  the  treaty  contained. 
But  it  was  rejected  in  the  Senate,  that  body  having  passed  a  bill  of 
their  own,  which  simply  declared  that  so  much  of  any  act  of  Con- 
gress, as  was  contrary  to  the  treaty,  should  be  deemed  and  taken 
to  be  of  no  force  or  effect.  This  bill  was  amended,  in  the  House, 
by  striking  out  the  words  '^  and  declared,"  and  substituting  the 
original  bill  which  the  Senate  had  rejected ;  these  amendments 
were,  however,  rejected  in  the  Senate,  and  the  difference  between 
the  two  houses,  terminated  in  the  appointment  of  committees  of 
conference,  by  whose  recommendation  the  above  mentioned  amend- 
ments of  the  House  were  relinquished,  and  the  bill  passed  as  pro- 
posed by  the  Senate  in  a  declaratory  shape,  with  some  modifica 
tions  not  affecting  the  principles  in  dispute."* 


DEPARTMENT  OF  FOREIGN  AFFAIRS. 

The  Congress,  or  Government,  during  the  confederation, 
consisted  of  but  one  branch  or  house.  The  number  of  the 
delegates  was  usually  between  fifty  and  sixty,  f  It  was  a 
legislative  body,  and  its  business,  both  foreign  and  domestic, 
in  the  outset,  was  done  altogether  by  committees.  They 
had  originally  no  executive  officers.  The  powers  of  the  go- 
vernment were  not  then  distributed  in  the  beautiful  manner 
we  have  since  seen  them,  under  the  present  constitution, 
but  were  all  assembled  or  concentrated  in  one  body  or  sin- 
gle department.  This  circumstance,  connected  with  the 
state  of  the  nation,  must  have  made  the  office  of  delegate, 

*  Sergeant. — Constitutional  law.  *    ,  i    ■ 

t  Fifty-six  signed  the  Declaration  of  Independence.  .,  '  • 


«-;i||. 


DSPARTMKNT    OT    FORSIOM    ATFAIltS. 


during  the  revolution  vrar,  exceedingly  laborious  and  respon- 
sible. 

The  first  committee  to  undertake  the  foreign  business  of 
the  country  was  instituted  in  November  '75.  It  was  a  se- 
cret committee,  and  called  the  committee  of  "  foreign  cor- 
respondence." Subsequently,  it  was  called  the  committee 
of  foreign  affairs,  and  was  provided  with  a  secretary.  This 
committee  did  a  great  deal  of  work  ;  they  had  the  manage- 
ment of  all  the  foreign  correspondence,  then  voluminous,  and 
of  all  negotiations,  particularly  those  that  led  to  the  treaties 
with  France  and  Holland.*  But  the  evils  and  great  incon- 
veniences of  this  mode  of  conducting  the  delicate,  complicat- 
ed, and  very  difficult  transactions,  in  which  the  United  States 
were  engaged  with  other  nations,  a  description  of  business 
daily  accumulating  in  amount,  were  soon  felt  and  will  readily 
be  perceived.  The  committee  was  abolished  in  January 
'81,  and  an  office  called  the  "  Department  of  Foreign  Affairs" 
established  in  its  place.  The  necessity  of  this  change  is 
well  explained  in  the  preamble  to  the  report,  made  on  the 
occasion. 

"  The  extent  and  rising-  power  of  these  United  States,  entitle 
them  to  a  place  among  the  great  potentates  of  Europe,  while  our 
political  and  commercial  interests  point  out  the  propriety  of  culti- 
vating with  them  a  friendly  correspondence  and  connexion.  That, 
to  render  such  an  intercourse  advantageous,  the  necessity  of  a  com* 

*  One  of  the  greatest  difficulties  consisted  in  the  safe  conveyance 
of  letters  during  the  war.  We  had  neither  packet  boats,  nor  regular 
channels  of  conveyance.  In  order  to  avoid  suspicion  a  general  direc- 
tion, in  regard  to  the  form  of  letters  and  addresses,  was  given  in  these 
words : — 

"  When  you  write  to  me,  please  to  write  upon  common  post  paper, 
to  fold  your  letters  as  nearly  in  the  size  and  after  the  manner  of  this 
as  may  be — to  seal  them  with  wafers  instead  of  wax,  and  to  send  them 
by  the  way  of  Holland  to  the  care  of  Mr.  Adams,  or  to  Messrs.  De 
Neufville  and  Son,  or  Messrs.  Ingraham  and  Bromfield  of  Amsterdam, 
and  to  be  careful  not  to  swell  them  unnecessarily  above  the  size  of 
common  mercantile  letters.  If  these  particulars  are  not  attended  to, 
all  the  precautions,  I  can  take,  will  not  keep  them  out  of  the  hands  of 
the  ministry." 


2)spa.rtmi:nt  or  ronEioN  aftaiss. 


;-!; 


pe^ent  knowledge  of  the  intereats,  views,  relation  and  systems  of 
tk  ae  potentates  is  obvious.  That  n  knowledge  in  its  nature  so 
comprehensive  is  only  to  be  acquired  by  a  constant  attention  to  the 
state  of  Europe,  and  an  unremitted  application  to  the  means  of  ac- 
quiring  well  grounded  information.  That  Congress  are,  moreover, 
called  upon  to  maintain  with  our  ministers  at  foreign  courts  a  regu- 
lar correspondence,  and  to  keep  them  fully  informed  of  every  cir- 
cumstance and  event,  which  regards  the  public  honour,  interest 
and  safety.  Whereupon,  Resolved,  that  an  office  be  forthwith  es- 
tablished for  the  department  of  foreign  affairs,  to  be  kept  always  in 
the  place,  where  Congress  shall  reside.  That  there  shall  be  a 
Secretary  for  the  despatch  of  the  business  of  the  said  office,  to  be 
styled  "  Secretary  for  Foreign  Afliiirs."  That  it  shall  be  the  duty 
of  the  said  Secretary  to  keep  and  preserve  all  the  books  and  papers 
belonging  to  the  department  of  foreign  affairs,  to  receive  and  re- 
port the  applications  of  ail  foreigners,  to  correspond  with  the  mi- 
nisters of  the  United  States  at  foreign  courts,  and  with  the  minis- 
ters of  foreign  powers,  and  other  persons  for  the  purpose  of  ob- 
taining the  most  extensive  and  useful  i;)tbrmution,  relative  to  foreign 
affairs  to  be  laid  before  Congress,  when  required,  also  to  transmit 
such  communications,  as  Congress  shall  direct,  to  the  ministers  of 
these  United  States  and  others  at  foreign  courts  and  in  foreign  coun- 
tries; the  Secretary  shall  have  liberty  to  attend  Congress,  that  he 
may  be  better  informed  of  the  affairs  of  the  United  States,  and 
have  an  opportunity  of  explaining  his  reports  respecting  his  de- 
partment." ^ 

In  the  following  year  the  style  of  this  officer  was  altered. 
He  was  called  "  Secretary  to  the  United  States  of  America 
for  the  department  of  foreign  affairs,"  and  was  allowed  4000 
dollars,  exclusive  of  the  expenses  of  his  office.  Robert  R. 
Livingston  of  New-York  was  the  first  Secretary  of  State  ; 
he  was  chosen  in  August  '81,  but  having  resigned  in  June 
'83,  John  Jay,  at  that  time  in  Europe,  was  elected  to  suc- 
ceed him.  Mr.  Jay  remained  in  office  till  the  adoption  of 
the  constitution.  This  office  was  not  expressly  recognised 
by  the  confederation  ;  no  provision  having  been  made  in 
that  instrument  for  establishing  by  name  this  or  any  other 
department,  but  it  was  enacted  by  a  resolution,  as  the  pre- 
sent department  of  state  has  been  subsequently  created  by  a 


DEPARTMENT  OF  rORKION  AFFAIRS. 


''• 


law  of  Congress.  The  institution  of  these  departments  was 
authorized  by  the  Olh  article  of  the  confederation — **  the 
power  to  appoint  such  civil  officers  as  may  be  necessary  for 
managing  the  general  oflairs  of  the  United  States."  Tbii 
office  was  the  foundation  of  the  present  department  of  State, 
established,  by  law  in  '89,  no  provision  having  been  made 
for  it  in  the  constitution,  (except  the  general  one  under  ar- 
ticle 1.  sec.  8.  provision  17.)  It  was  originally  called  the 
"  Department  of  Foreign  AlFairs,"  and  the  officer,  the  "  Se- 
cretary for  the  Department  of  Foreign  Affairs,"  terms  sub- 
sequently altered  to  ^(  Department  of  State,"  and  "  Secretary 
of  State."  The  duties  of  this  officer  have  not  materially 
varied  in  consequence  of  the  change  of  government.  The 
Secretary  of  State  now  forms  one  of  the  Cabinet,  and  in  the 
whole  conduct  of  that  department,  receives  his  instructions 
from  the  President.  No  arrangement  having  been  made  by 
Congress  for  the  appointment  of  this  officer,  the  President 
exercises  the  right,  conferred  on  him  in  other  cases,  of  mak- 
ing a  nomination  in  the  usual  form  to  the  Senate.  He  has 
also  under  a  construction  of  the  constitution  (now  admitted,} 
the  right  of  removing  this  oflicer,  or  the  head  of  any  other 
department  at  his  pleasure.  The  law  of  '89  is  considered 
as  having  settled  this  important  point.  The  bill  did  not  pass 
without  an  able  and  earnest  opposition,  but  as  the  clause  giv- 
ing the  power  of  removal  to  the  President,  was  stricken  out, 
the  appearance,  even  of  conferring  this  light  upon  him  by  the 
Legislature,  was  removed,  and  it  could  be  regarded  as  a 
quality  only  incident,  under  construction,  to  the  right  of 
nomination,  as  it  regards  all  superior  officers  of  the  United 
States,  "  whose  appointments"  were  "  not  otherwise  provid- 
ed for."  The  salary  of  the  Secretary  of  State  is  now  6000 
dollars.  Of  late  years  various  matters  have  been  referred 
to  the  examination,  or  the  mana&;emcnt  of  this  officer,  that 
do  not  in  strictness  belong  to  (he  Department  of  Foreign 
Affairs  ;  for  the  duties  of  this  department  are  not  so  specific, 
or  easily  defined,  as  those  of  either  of  the  others.  This  cir- 
cumstance has  produced  an  accumulation  of  business,  and  it 
is  probable  the  government  will  find  it  necessary  to  create  « 

VOL.    I.  2 


10 


.*:Ht4 


DIPLOMATIC    CORPS. 


W'. 


fifth  department,  for  the  purpose  of  relieving  the  Secretary 
of  State  of  all  those  affairs  that  do  not  properly  belong  to 
the  Army,  Navy,  or  Treasury.  This  might  well  be  called 
the  department  of  domestic  affairs,  or  homo  department,  per- 
haps a  more  significant  and  convenient  name. 


.!■> 


Jl< 


DIPLOMATIC  CORPS. 


>A] 


Milk    .•     •    :•!       , 

y.)i  l,'i»'.  ■ .-.  .«   .1-.     .  '    .  .  .       ,,  ■        t-     '• 

V  The  United  States  have  never  sent  or  received  an  "  am- 
bassador,"'"' in  the  usual  diplomatic  sense  of  that  term.  In- 
deed, the  form  of  our  government  appears  entirely  to  forbid 
it,  while  we  confine  ourselves  to  the  European  meaning  of 
the  rank.  An  ambassador  has  a  representative  character  ;— 
he  represents  the  person  and  dignity  of  his  sovereign.  "  The 
preeminence  of  ambassadors  manifests  itself  chiefly  in  the 
particular  ceremonial  of  their  reception  in  the  country,  where 
they  are  appointed  to  reside.  They  are  entitled  to  speak  at 
the  audiences  they  obtain,  with  Jieads  covered^ — to  keep  a 
canopy  or  throne  in  their  dwellings,"  &c.  An  ambassador 
is,  of  course,  often  employed  to  manage  the  affairs  of  his  na- 
tion like  other  public  ministers,  but  his  representative  cha- 
racter of  the  honour  and  dignity  of  the  sovereign,  constitutes 
in  his  particular  case,  a  minister  of  the  first  rank.  This  lat- 
ter quality  an  American  minister  cannot  well  possess,  for  he 
represents  nothing  but  the  nation.  The  government,  it  is 
true,  has  a  right  to  require  that  roinisterjs  shall  be  received 
from  them  of  the  rank  of  ambassadors,  but  the  distinction 
will  obviously  depend  upon  something  different  from  the 
representation  of  the  person  of  the  sovereign.  The  English, 
we. believe,  are  not  much  in  the  habit  of  employing  ambas- 

*  The  Congress  of  1783  introduced  a  slight  difference  in  the  cere- 
monial of  receiving  an  ambassador.  He  was  allowed  to  sit  covered  in 
their  presence,  and  the  President  rose  not  only  when  he  was  introduc- 
ed, but  also  when  he  read  his  address.  Ministers  did  not  enjoy  these 
privileges. 


DIPLOMATIC    CORPf. 


11 


tadora  ;  most  of  their  ministers  being  envoys,  with  full  pow- 
ers.  But  thei.  are  certain  courts  in  Europe  to  which  it 
seems  to  be  a  sort  ot  rHquctte  to  send  an  ambaaaador.  The 
sovereigns  of  the  HoUvSl;  of  Bourbon,  (France,  Spain,  and 
the  two  Sicilies)  arcf  uafjally  represented  at  their  respective 
capitals  by  a  niir  i^^ter  of  this  rank. 

Difficulties,  hav<//^  nii§cn  from  the  claims  of  ministers  on 
the  score  of  precedence,  >ve  find  in  the  Recueil  dcs  Pieces 
officielles,  (Tom.  8.  No.  17.)  an  nrrangcment,  signed  by  the 
eight  powers,'**'  parties  to  the  treaties  oi  1814 — 1815  on  this 
subject.  As  it  is  quite  short,  and  is  now  probably  adopted 
in  most  of  the  European  courts,  we  take  this  opportunity  of 
translating  it ;  the  provisions  appear  just ;  they  are  at  least 
very  convenient. 

"Art.  1.  Diplomatic  Agents  are  divided  into  three  classes.  I. 
Ambassadors,  Legates,  or  Nuncios.  2.  Envoys,  Ministers  and  other 
agents  accredited  l)y  the  Sovereigns.  3.  Charges  d'Affaires,  ac- 
credited by  the  Department  of  Foreign  Relations.  ' 

"Art.  2.  Ambassadors,  Legates,  or  Nuncios,  are  alone  invested 
with  a  representative  character.  >•  ■• 

"  Art.  3.  Diplomatic  agents  sent  on  a  mission  extraordinary,  arie 
not  entitled,  on  this  account,  to  a  superior  rank. 

"  Art.  4.  Diplomatic  agents  of  the  respective  classes  take  rank 
according  to  the  date  of  the  official  notice  of  their  arrival.  The 
representatives  of  the  Pope  are  not  affected  by  this  article. 

"Art.  5.  Each  State  shall  determine  upon  an  uniform  mode  of 
receiving  diplomatic  agents  of  the  different  classes. 

"Art.  6.  Neither  relationship  nor  family  or  political  alliances 
between  courts  confer  rank  upon  their  agents. 

"  Art.  7.  The  order  in  which  the  signatures  of  Ministers  shall 
be  placed  in  acts  or  treaties  between  several  powers,  that  allow 
of  the  alternat,  shall  be  determined  by  lot."  itj^i^  r,  ir.  (Mjaci 
During  the  confederation,  the  public  officers  of  the  United 
States  abroad  were  called,  either  Charges  d'Affaires,  Com- 
missioners, or  Ministers  Plenipotentiary.     We  are  not  aware 


*  Austria,  Spain,  France,  Great  Britain,  Portugal,  Prussia,  Russia 
and  Sweden.  .    ■•  ,,\v  ntitiii 


12 


DIPLOMATIC    CORPS. 


that  the  confederation  ever  received  or  employed  an  Envoy 
Extraordinary.  At  present  the  government  has  established 
by  its  practice  three  classes,  viz.  Cliarge  d'AfTaires  ;  Minis- 
ter Plenipotentiary  and  Envoy  Extraordinary.  The  Corps 
Diplomatic  of  this  country  in  Europe  now  consists  either  of 
Charges  d'Affaires  or  Envoys  Extraordinary  with  full  powers. 
The  salaries  of  public  ministers  varied  much  under  the 
confederation.  At  first  no  fixed  compensation  was  allowed ; 
but  in  October  1779  a  salary  of  £2500  was  established  for 
the  ministers  in  France,  and  of  £  1000  for  the  secretaries, 
in  full  for  services  and  expenses.  This  rate,  greater  than 
the  present  remuneration,  continued  till  '84,  when  Congress 
resolved  that  the  salary  of  a  minister  should  not  exceed 
9000  dollars  ;  but  it  does  not  appear  that  an  outfit  was  an- 
nexed. The  confederation  generally  paid  their  ministers 
better  than  is  now  done  ;  for  the  expense  of  living  in  Eu- 
rope, particularly  on  the  continent,  has  increased  at  least 
one  half  the  last  forty  years.  We  have  still  remaining  a  re- 
port of  tliJu  Secretary  of  Foreign  Affairs  on  the  expenses  of 
his  department  in  1782, — in  some  respects  an  amusing  docu- 
ment, though,  as  it  regards  the  expense  of  the  ministers, 
obviously  quite  loose  and  hasty.  '  ,  ,     ^... 

"  Dr.  Franklin  has  a  part  of  Mr.  Chaumont's  house  at  Passy, 
he  keep?  a  chariot  and  pair,  and  three  or  four  servants,  and  gives 
a  dinner  occasionally  to  the  Americans  and  others.  His  whole 
expense,  as  far  as  I  can  learn,  is  very  much  within  his  income. 
Mr.  Adams  lives  in  lodgings ;  keeps  a  chariot  and  pair,  and  two 
men  servants.  He  has  hitherto  retained  a  private  secretary,  who 
will,  in  the  absence  of  Mr.  Dana,  it  is  presumed,  be  paid  by  Con- 
gress. I  have  lately  heard  that  Mr.  Adams  was  about  to  take  a 
bouse.  Mr.  Dana's  salary,  even  if  he  should  assume  a  public  cha- 
racter in  a  country  where  the  relative  value  of  money  is  so  high, 
that  if  I  am  well  informed,  an  elegant  house  may  be  hired  for 
fifteen  guineas  a  year,  is  very  ample.  Of  Mr.  Jay's  manner  of 
living,  I  have  been  able  to  give  no  account,  but  I  should  conclude 
from  the  price  of  the  necessaries  of  life  in  that  part  of  Spain  in 
which  he  lives,  from  the  port  the  Court  and  the  people  about  it 
maintain,  and  above  all,  from  its  sitting  in  different  parts  of  the 


1 

K 

'■A 

e] 

CO 

-■■-■'r 

be 

1 

tvi 

■;• 

PI 

th 

ch 

ex 

Bi 

tn 

_, 

C( 

4 

all 

1 

siv 

DIPLOMATIC    CORPS. 


ti 


Kingdom,  that  to  live  in  the  same  style  with  Dr.  Franklin,  his 
expenses  must  amount  to  nearly  the  double  of  theirs.  But  as  every 
conjecture  of  this  kind  must  be  very  uncertain,  all  I  can  do  is  to  lay 
before  Congress  the  relative  expense,  as  far  as  1  can  learn  it,  be- 
tween the  different  places  at  which  the  ministers  reside,  taking 
Philadelphia  for  a  common  standard.  Paris,  if  wine,  clothing,  and 
the  wages  of  servants  are  included,  is  about  twenty  per  cent, 
cheaper  than  Philadelphia  ;  Amsterdam,  ten ;  and  at  Madrid,  the 
expenses  of  a  family  are  somewhat  higher  than  at  this  place. 
But  from  the  unsettled  state  of  those  who  follow  the  court,  their 
travelling  equipage  and  charges  must  greatly  enhance  this  expense. 
Congress  will  make  their  own  deductions  from  these  facts^after 
allowing  for  their  inaccuracy. 

"  Annual  expense  of  the  Department  of  Foreign  Affairs,  exclu- 
sive of  contingencies  : — 

"  Secretary  of  the  United  States  for  the  Department 

of  Foreign  Affairs         ....  ^4000 

1st  Under  Secretary,  Lewis  R.  Morris  .  .  800 

2d  Under  Secretary,  Peter  S.  Du  Ponceau  .  700 

Clerk,  the  Rev.  Mr.  Tetard  .  .  .     '      500 


Dr.  Franklin 
Mr.  Jay 
Mr.  Adams 
Mr.  Laurens 
Mr.  Carmichael 
Mr.  Dana 
Mr.  Dumas 


£2500  at  4s.  6d. 

2500 

• 

2500 

1500 

*       , 

1000 

1000 

■•       , 

200  Louis  d'ors. 

■       ^6000 
",tll.|o 

ii,in.i§ 
»i,ni.|o 

G,666.«g 

4,444.^ 

4,444.^ 

920. 


57,308.fo 
Private  Secretary  to  Dr.  Franklin. 

Private  Secretary  to  Mr.  Adams."  '     *'     '   '" 

By  the  law  of  May  1810,  the  salaries  of  ministers  were 

fixed  at  $  9000,  and  of  charges,  at  g  4,500,  exclusive  of 

one  year's  salary  in  the  shape  of  outfit. 

We  are  indebted  to  the  kindness  of  a  gentleman,  formerly 

occupying  a  public  station  at  a  foreign   court,  for  a  copy  of 

the  personal  instructions,  given  by  the  Department  of  State, 


i« 


J>iPI.OMATIC    CORPS. 


-|  I 


li      |!t 


' ■•  1  i  -.  tp^i 


which  we  propose  to  insert  here  at  length,  for  the  purpose  of 
filling  up,  by  means  of  these  private  details,  the  outline  of 
the  diplomatic  arrangement,  we  have  attempted  to  present. 

*' Department  of  State,  Washington,  \S^ — . 

**  Sir, — With  this  letter  you  will  receive  the  follomng  papers, 
documents  and  books,  which  will  be  found  necessary  or  useful  to 
you  in  the  discharsre  of  the  mission,  to  which  you  have  been  ap- 
pointed. 

"  1.  A  commission  as  Envoy  Extraordinary  and  Minister  Pleni- 
potentiary. 

"  2.  A  letter  of  Credence  to  the  King. 

"  3.  A  full  power  for  negotiating  a  treaty  of  Commerce  ;  to  be 
used  in  case  such  a  negotiation  should  be  proposed. 

"  4.  A  Cypher,  to  be  used  as  occasion  may  require,  in  your  cor- 
respondence with  this  Department,  or  with  any  of  the  other  Minis- 
ters of  the  United  States  in  Europe. 

*'  5.  An  engraved  design  of  the  Uniform  worn  by  the  Ministers 
of  the  United  States,  at  ibreign  courts,  on  occasions  when  full  dress 
is  required. 

"  6.  A  letter  of  Credit  upon  the  bankers  of  the  United  States  at 
London,  authorizing  them  to  pay  your  draughts  upon  them  for  your 
salary,  and  the  contingent  expenses  of  the  Legation.  You  will 
be  careful,  in  availing  yourself  of  this,  not  to  exceed,  in  the  whole 
amount  drawn,  the  sum  to  which  you  may  be  entitled  in  account 
with  the  United  States  at  the  lime  of  the  draught.        '  '    • "" 

"  7.  A  set  of  the  Laws  of  the  United  States,  Bioren's  edition, 
with  pamphlet  copies  of  the  laws  of  the  subsequent  sessions  to  this 

time. 

"  8.  A  volume  containing  the  Commercial  Regulations  of  the  fo- 
reign countries,  with  which  the  United  Slates  have  commercial  in- 
tercourse:  collected,  digested,  and  published  by  order  of  Congress. 
Supplementary  information  upon  the  same  subject  beinpf  very  de- 
sirable, you  are  requested  to  collect  and  communicate  any  such,  as 
it  may  be  in  your  power  to  obtain. 

"  9.  A  set  of  Niles's  Register.  ,    ^  '  '.'   i?:l 

"  10.  A  set  of  Wait's  State  Papers.  '      •- 

*'  All  these  books  are  for  the  use  of  the  Legation  ;  and  at  the 
termination  of  your  mission  are  to  remain  with  the  Charge  d'Af- 
iairee,  in  case  one  should  be  left,  or  pass  to  your  successor.       :  j ; 


DIPLOMATIC    COSPS. 


15 


purpose  of 
outline  of 

0  present. 

N,    18—. 

Lng  papers, 
>r  useful  to 
e  been  ap- 

ister  Pleni- 

rce ;  to  be 

'  •-/    ' 

[1  your  cor- 

ber  Minis- 

3  Ministers 

1  full  dress 

d  States  at 

in  for  your 

You  will 

the  whole 

account 


of  the  fo- 
ercial  in- 

Congress. 
very  de- 
such,  as 


% 


"11.  A  Passport  for  yourself  and  your  family.  "    ^ 

*'  12.  A  sample  of  despatch  paper,  and  a  set  of  lines. 

^'  Your  allowance,  as  limited  by  law,  is  nine  thousand  dollars  a 
year  for  all  personal  and  other  expenses,  with  an  outiit,  equal  to 
one  yeur^s  salary,  and  a  quarter's  salary  for  your  return.  By  a 
^neral  rule  the  salary  commences  from  the  time  of  the  Minister's 
leaving  home,  to  proceed  upon  his  mission,  and  ceases  on  his  re- 
ceiving notice  or  permission  to  return :  after  which  the  additional 
quarter's  allowance  takes  place.  The  cost  of  gazettes  and  pam- 
phlets transmitted  to  this  office,  of  postage,  stationary,  necessary 
and  customary  presents  to  the  menial  attendants  at  court,  and  of 
the  public  functionaries,  at  your  presentation,  and  on  other  estab- 
lished occasions  (usually  the  Christmas,  or  New  Year's  days),  are 
not  considered,  as  included  under  the  denomination  of  personal 
and  other  expenses,  and  will  form,  as  contingencies  of  the  legation, 
a  separate  charge  in  your  accounts.  But  no  contingent  expenses 
are  to  be  incurred  without  necessity,  or  in  compliance  with  the 
established  usages,  and  no  charge  of  any  other  description  will  be 
admitted,  unless  warranted  by  express  dirtictions  from  this  ilepart- 
ment.  Exact  vouchers  in  all  cases  of  expenditures  will  be  neces- 
sary for  the  settlement  of  your  accounts :  and  as  some  of  these  in- 
cidental charges  are  of  a  nature,  scarcely  admitting  of  any  other 
sort  of  voucher  for  every  item,  a  separate  account  of  them  should 
be  kept  and  certified  by  the  secretary  of  the  logation. 

"  These  particulars  are  stated  thus  minutely,  that  you  may  be 
relieved  from  all  doubts  on  the  subject  of  your  accounts,  which, 
you  will  keep  in  remembrance,  are  to  be  regularly  transmitted  by 
duplicates  for  adjustment  at  the  Treasury,  at  the  close  of  every 
quarter,  ending  with  March,  June,  September  and  December. 

"  Among  the  most  important  general  duties  of  a  Minister  of  the 
United  States  in  foreign  countries,  is  that  of  transmitting  to  his  go- 
vernment accurate  information  of  the  policy  and  views  of  the  go- 
vernment, to  which  he  is  accredited,  and  of  the  character  and  vi- 
cissitudes of  its  important  relations  with  other  European  powers. 
To  acquire  this  information,  and  particularly  to  discriminate  be- 
tween that  which  is  authentic,  and  that  which  is  spurious,  requires 
steady  and  impartial  observation,  a  free  though  cautious  corre- 
spondence with  the  other  Ministers  of  the  United  States  abroad, 
and  friendly,  social  relations  with  the  members  of  the  diplomatic 
body  at  the  same  court. 


u 


DIPLOMATIC    CORPS. 


"  In  your  correspondence  with  this  Department,  besides  the 
current  general  and  particular  politics  of  the  country,  where  you 
are  to  reside,  you  will  be  mindful,  so  far  as  you  may  find  it  conve- 
nient, to  collect  and  transmit  information  of  every  kind,  relating  to 
the  government,  finances,  commerce,  arts,  sciences  and  condition 
of  the  nation,  which  is  not  already  known,  and  may  be  made  use- 
.ful  to  our  own  country.  Books  of  travels,  containing  statistical,  or 
other  information  of  political  importance,  historical  works,  not  be- 
fore in  circulation,  authentic  maps,  published  by  authority  of  the 
state,  or  distinguished  by  extraordinary  reputation,  and  publica- 
tions of  new  and  useful  discoveries — will  always  be  acceptable 
acquisitions  to  this  Department.  The  expense  of  procuring  and 
transmitting  them  will  form,  in  your  account,  a  separate  charge  to 
the  Department.  But  no  such  charge  of  any  considerable  amount 
is  to  be  incurred  in  any  one  account,  without  a  previous  express 
direction  for  it  from  this  Department. 

"  It  is  the  practice  of  the  European  governments,  in  the  draw- 
ing up  of  their  treaties  with  each  other,  to  vary  the  order  of  nam- 
ing the  parties,  and  of  the  signatures  of  the  plenipotentiaries  in  the 
counterparts  of  the  same  treaty,  so  that  each  party  is  first  named, 
and  its  plenipotentiary  signs  first,  in  the  copy  possessed  and  pub- 
lished by  itself:  and  in  treaties,  drawn  up  between  parties,  using 
different  languages,  and  executed  in  both,  each  party  is  first  named, 
and  its  plenipotentiory  signs  first  in  the  copy,  executed  in  its  own 
language.  This  practice,  having  been  accidentally  omitted,  on 
one  or  two  occasions,  to  be  observed  by  the  United  States,  the 
omission  was  followed  by  indications  of  a  disposition  in  certain  Eu- 
ropean governments  to  question  its  application  to  them.  It  be- 
came, therefore,  proper  to  insist  upon  it,  as  was  accordingly  done 
with  effect.  As  it  is  understood  to  involve  a  principle,  you  will 
consider  it  as  a  standing  instruction  to  adhere  to  this  alternative,  in 
the  conclusion  of  any  treaty,  convention,  or  other  document,  to  be 
jointly  signed  by  you  with  the  plenipotentiary  of  the  other  power. 

"  In  the  practice  of  our  government,  there  is  no  immediate  con- 
nexion or  dependence  between  the  persons,  holding  diplomatic  and 
consular  appointments  in  the  same  country ;  but  by  the  usage  of 
all  the  commercial  nations  of  Europe,  such  a  subordination  is  con- 
eidcred  as  of  course.  In  the  transaction  of  their  official  duties,  the 
Consuls  are   often  in  necessary  correspondence  with  their  Minis- 


« 

P 

m 

m 

i 

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1 

th 

-*> 

in 

DIPLOMATIC    CORPS. 


If 


ters,  and  are  always  supposed  to  be  under  their  directions.  You 
will  accordingly  maintain  such  correspondence  with  the  consuls  of 
the  United  States  in  ,  as  you  shall  think  conducive  to  the 

pubiic  interest;  and  in  case  of  any  vacancy  in  their  offices,  which 
may  require  a  temporary  appointment  of  a  person  to  perform  the 
duties  of  the  Consulate,  you  are  authorized,  with  the  consent  of 
the  government,  to  which  you  are  siccredited,  to  make  it,  giving 
immediate  notice  of  it  to  this  Department. 

"  Among  the  ordinary  functions  of  an  American  Minister  in  Eu- 
rope, is  that  of  giving  passports  to  citizens  of  the  United  States, 
who  apply  for  them.  They  sometimes  receive  applications  for 
such  passports  from  the  subjects  of  other  countries;  but  as  these 
are  not  regularly  valid,  they  should  be  granted  only  under  special 
circumstances,  as  may  sometimes  occur  in  the  case  of  foreigners, 
coming  to  the  United  States.  All  passports  should  be  gratuitously 
given,  and  may  on  some  occasions  be  refused  even  to  American 
citizens.  Protections  to  seamen  are  not  included  under  the  deno- 
mination of  passports,  nor  are  they  ever  granted  by  public  minis- 
ters. 

"  A  custom  prevails  among  the  European  sovereigns,  upon  the 
conclusion  of  treaties,  of  bestowing  ])rcsents  of  jewelry,  or  other 
articles  of  pecuniary  value,  upon  tlie  Minister  of  the  power  with 
which  they  were  negotiated  :  the  same  usage  is  repeated  upon  the 
Minister's  taking  leave,  at  the  termination  of  his  mission.  The 
acceptance  of  such  presents,  by  Ministers  of  the  United  States,  is 
expressly  prohibited  by  the  Constitution,  and  even  if  it  were  not, 
it  can  scarcely  be  consistent  with  the  delicacy  of  intercourse  with 
foreign  powers,  for  the  Ministers  of  the  United  States  to  r  eive 
from  foreign  princes,  such  favours,  as  the  Ministers  of  thos  prin- 
ces to  the  United  States  never  can  receive  from  this  government 
in  return.  The  usage,  exceptionable  in  itself,  could  be  tolerated 
only  by  its  being  reciprocal.  It  is  expected  by  the  President,  that 
every  offer  of  such  present,  which  may  in  future  be  made  to  any 
public  minister  or  other  officer  of  this  government  abroad,  will  be 
respectfully,  but  decisively  declined.  This  having  been  alread}'  a 
standing  instruction  to  all  the  Ministers  of  the  United  States  abroad 
for  several  years,  the  rule  is  probably  known,  so  that  no  offer  of 
such  present  will  be  made  ;  but  should  there  bo  reason  to  expect 
it,  to  avoid  the  apparent  harshness  of  declining  an  intended  Awour, 

VOL.    I.  3 


w 


DIPLOMATIC     CORPS. 


informal  notice,  that  it  cannot  be  accepted,  given  in  the  proper 
quarter,  may  anticipate  the  necessity  of  refusal. 

"  You  are  requested  to  provide  yourself  with  a  sufficient  supply 
of  the  despatch  paper,  in  size  and  quality  corresponding  with  the 
sample,  herewith  sent,  to  be  exclusively  used  in  your  correspond- 
ence with  this  Department.  It  has  been  lound  highly  convenient 
and  useful  to  have  the  original  despatches  from  our  Ministers 
abroad  bound  up  in  volumes.  For  this  purpose,  with  a  view  to 
uniformity,  the  despatches  should  be  regularly  numbered,  and, 
with  the  copies  made  at  the  Legation  of  all  papers  transmitted 
with  them,  should  be  written  on  paper  of  the  same  dimensions, 
13^  inches  long,  81  broad,  with  the  edges  uncut,  and  a  margin  of 
at  least  1^  inch,  round  all  its  borders,  for  stitching  and  cutting  off 
the  edges  ^without  injury  to  the  text.  The  lines  transmitted,  mark 
the  margin  within  which  the  manuscript  should  be  confined ;  of 
which  these  instructions,  also,  exhibit  an  example. 

"  Minute  as  these  particulars  appear,  they  are  found  to  be  very 
essential  to  the  good  order  and  convenience  of  business  in  the  De- 
partment.* 

"  I  have  the  honour  to  be,  with  great  respect,  sir,  your  humble 
and  obedient  servant." 


wn^ 


*  During  the  first  term  of  General  Washington's  administration, 
presents  of  form  were  given  to  foreign  Ministers  ; — it  consisted  of  a 
chain  and  medal  of  gold.  TJie  die  for  tlio  purpose  was  made  in  Paris, 
by  the  direction  of  Mr.  Jefferson,  ns  will  be  seen  by  the  following 
letter. 

"  New-York,  April  30,  1790. 

"  It  has  become  necessary  to  determine  on  a  present,  proper  to  be 
given  to  diplomatic  characters  on  their  taking  leave  of  us,  and  it  is 
concluded  that  a  medal  and  chain  of  gold  will  be  the  most  convenient. 
1  am,  therefore,  to  ask  the  favour  of  you  to  order  the  dies  to  be  en- 
graved with  all  the  despatch  practicable.  The  medal  must  be  of  30 
lines  diameter,  with  a  loop  on  tlie  edge  to  receive  the  chain.  On  one 
side  must  be  the  arms  of  the  United  States,  of  which  I  send  you  a 
written  description,  and  several  impressions  in  wax,  to  render  that 
more  intelligible;  round  them  as  a  legend,  must  be  "The  United 
States  of  America" — the  device  of  the  other  side  we  do  not  decide 
on.  One  suggestion  has  been  a  Columbia  (a  fine  fesriale  figure),  de- 
livering the  emblems  of  peace  and  commerce  t^  a  Afdrcnry,  with  the 
legend  "  Peace  and  Commerce"  circumscribed,  and  the  date  of  our 


i! 
ill' 

i!: 


CEREMONIAL    OF    RECEPTION. 


19 


he  proper 

ent  supply 
f  with  the 
orrespond- 
:onvenient 

Ministers 
1  a  view  to 
ercd,  nnd, 
rnnsmitted 
imensions, 

margin  of 
cutting  off 
tted,  mark 
nfined ;  of 

to  be  very 
in  the  De- 

ur  humble 


inistration, 

;i.sted  of  a 

in  Paris, 

Allowing 

1790. 
per  to  be 
and  it  is 
onvenient. 
to  be  en- 
bc  of  30 
On  one 
nd  you  a 
nder  that 
le  United 
ot  decide 
gure),  de- 
with  the 
te  of  our 


CEREMONIAL    OF  RECEPTION. 

In  receiving  the  first  Foreign  Minister  in  1778,  various  dif- 
ficulties presented  themselves  to  the  consideration  of  Con- 
gress. The  etiquette  practised  in  the  courts  of  Europe  was 
probably  known,  or  at  least,  could  easily  have  been  ascer- 
tained. But  a  foreign  ceremonial  of  that  description  could 
in  no  way  be  made  to  apply  to  the  actual  condition  of  the 
American  Congress.  Neither  regal  with  a  monarch,  nor  a 
confederated  republic  with  an  executive  to  represent  it,  the 
single  House  of  Delegates  constituted  the  whole  government. 
The  foreign  minister  was  addressed  to  the  Congress,  and  by 
that  body  alone  could  be  accredited.  This  part  of  the  affair 
was  plain  and  easily  understood,  but  the  details  of  the  re- 
ception were  seemingly  difficult  to  arrange.  Congress  itself 
was  the  sovereign,  independent  body,  to  whom  the  minister 
was  to  be  presented — it  was  the  nation  :  but  every  member 
of  it  was  a  delegate  from  a  sovereign  and  independent  state, 
and  possessing  equal  dignity  and  authority  with  every  other 
member.  Still  it  could  only  be  approached  as  a  body. 
Neither  was  Congress  furnished  with  officers  to  perform  the 
minor  parts  of  the  ceremonial  of  introduction.  Their  own 
members,  who  composed  the  nation,  and  each  of  whom  re- 
presented a  sort  of  nation,  were  obliged  to  be  the  actors  or 
assistants  in  the  scene. 

M.  Gerard,  the  first  foreign  envoy  received  by  Congress, 
arrived  in  this  country  in  the  summer  of  1778,  a  Minister 
Plenipotentiary.  The  form  of  his  presentation  obviously 
caused  some  embarrassment.  The  subject  was  regularly 
referred,  like  any  other  matter,  to  a  committee,  (Richard 
Henry  Lee,   Samuel  Adams,   Gouverneur  Morris)  and   the 

Republic,  to  wit,  IV  July  MDCCLXXVI.,  subscribed  as  an  exergtie. 
But  having  little  confidence  in  our  own  ideas  in  an  art  not  familiar 
here,  they  are  only  suggested  to  you,  to  be  altered,  or  altogether  post- 
poned to  such  better  device  as  you  may  approve  on  consulting  with 
those,  who  are  in  the  habit  and  study  of  medals."  ; 


30 


CEREMONIAL    OF     RECEPTION. 


report  of  this  committee  was  discussed  five  days  by  Con- 
gress, though  the  debates  have  not  been  preserved.  The 
business  was  Anally  arranged  with  uncommon  care  and  mi- 
nuteness,— not  perhaps  in  very  good  taste,  nor  with  much 
simplicity ;  but  the  reader  will  be  satisfied  by  the  extracts 
we  are  about  to  quote  from  the  order  of  the  ceremonial, 
that  Congress  had  not  neglected  the  rights  or  pretensions  of 
either  party. 

^' Resolved,  that  the  ceremonial  for  a  Minister  Plenipotentiary 
or  Envoy  shall  be  as  follows.  When  a  Minister  Plenipotentiary  or 
Envoy,  shall  arrive  within  any  of  the  United  States,  he  shall  re- 
ceive, at  all  places,  where  there  are  guards,  sentries,  and  the 
like,  such  military  honours  as  are  paid  to  a  general  oilicer  of  the 
second  rank  in  the  armies  of  the  United  States.  ^Vhen  he  shall 
arrive  at  the  place  in  which  Congress  shall  be,  he  shall  wait  upon 
the  President,  and  deliver  his  credentials,  or  a  copy  thereof.  Two 
members  of  Congress  shall  then  be  deputed  to  wait  upon  him, 
when  and  where  he  shall  receive  audience  of  the  Congress.  At 
the  time  he  is  to  receive  his  audience,  the  two  members  shall 
again  wait  upon  him  in  a  coach  belonging  to  the  States,  and  the 
person  first  named  of  the  two,  shall  return  with  the  Alinister  Pleni- 
potentiary or  envoy  in  the  coach,  giving  the  Minister  the  right 
hand,  and  placing  himself  on  the  left  with  the  other  member  on 
the  first  seat.  When  the  Minister  Plenipotentiary  or  Envoy  is 
arrived  at  the  door  of  the  Congress  Hall,  he  shall  be  introduced  to 
his  chair  by  the  two  members,  who  shall  stand  at  his  left  hand.'' 
*'Whea  the  Minister  is  introduced  to  his  chair  by  the  two  mem- 
bers, he  shall  sit  down.  His  Secretary  shall  then  deliver  to  the 
President  the  letter  of  his  Sovereign,  which  shall  be  read  and 
translated  by  the  Secretary  of  Congress.  Then  the  Minister  shall 
be  announced,  at  which  time  the  President,  the  House,  and  the 
Minister  shall  rise  together.  The  Minister  shall  then  bow  to  the 
President  and  the  House,  and  they  to  him.  The  Minister  and  the 
President  shall  then  bow  to  each  other,  and  be  seated,  after  which 
the  House  shall  sit  down.  The  Minister  shall  deliver  his  speech 
standing.  The  President  and  the  House  shall  sit  while  the  Minister 
is  delivering  his  speech.  The  House  shall  rise  and  the  President 
shall  deliver  the  answer  standing.  The  Minister  shall  stand  while 
the  President  delivers  his  answer.  Having  spoken,  and  being 
answered,  the  Minister  and  President  shall  bow  to  each  other,  at 
which  time  the  House  shall  bow,  and  then  the  Minister  shall  be 


C( 

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CEREMOMAL    OF     RECEPTION. 


81 


conducted  home  ia  the  manner  in  which  he  was  brought  to  the 
House/'  '^  Those,  who  shall  wait  upon  the  Minister,  shall  inform 
him,  that  if,  in  any  audience,  he  shall  choose  to  speak  on  matters 
of  business,  it  will  be  necessary,  previously,  to  deliver  in  writing  to 
the  President  what  he  intends  to  say  at  the  audience,  and  if  he 
shall  not  incline  thereto,  it  will,  from  the  constitution  of  Congress, 
be  impracticable  for  him  to  receive  an  immediate  answer.  The 
style  of  address  to  Congress  shall  be,  'Gentlemen  of  the  Congress.' 
All  speeches,  or  communications,  in  writing,  may,  if  the  public 
Ministers  choose  it,  be  in  the  language  of  their  respective  coun- 
tries. And  all  replies  or  answers  shall  be  in  the  language  of  the 
United  States.  After  the  audience,  the  members  of  Congress  shall 
be  first  visited  by  the  Minister  Plenipotentiary  or  Envoy." 

No  one  can  much  applaud  this  arrangement;  and  in  1783 
the  ceremonial  was  wisely  abolished,  and  a  simple  form  sub- 
stituted.    Even  in  a  government  like  our  own.,  some  slight 
degree  of  etiquette  is  occasionally  necessary.      It  is  proper 
and  extremely  convenient  on  such  occasions,  that  every  one 
should  know  what  he  has   to  do,  for  whatever  is  done  by 
public  functionaries  before   the   public,  should  be  done  de- 
cently, and  with  dignity.     The  mode,  just  described,  of  re- 
ceiving  foreign    ministers  in    the   bosom    of  the  assembly, 
was  adopted   by  the  National  Convention   in   France  ;  but 
they  threw  into  the  ceremony  all  the  enthusiasm  and  exalta- 
tion that  belonged  to  the  times  and  the  people,  and,  by  their 
vivacity  of  character  and  well  known  susceptibility  of  excite- 
ment, contributed  some  portion  of  relief  and  animation  to  a 
scene,  in  itself,  possessing  neither  grace  nor  dignity.      Under 
the  present  constitution,  the  form  of  receiving  and   accredit- 
ing public  ministers,  is  exceedingly  simple,      'i'he  individual 
is  presented  by  the  Secretary  of  State  to  the  President  in 
his  House,  (without  any  other  ceremony  than  takes  place  on 
the   occasion  of  a  common  visit)  when  his  credentials   are 
examined.     The  constitution  directs  the  President  to  "  re- 
ceive ambassadors   and   other    public    ministers,"    but    this 
government   does  not  make  the  distinction,  which,   we  be- 
lieve, is  maintained  by  the  European   states   in  relation  to 
agents  of  the  rank  of  Charge  d'Aflfaires  and  under,  who  are 
accredited   only   by  the  Secretary,  or  Minister  of  Foreign 
Relations  ;  whereas  all   public   officers,  above  the  rank  of 
Charge,  are  accredited  by  the  sovereign  in  person. 


I 


(     23     ) 


CHAPTER   II. 

TREATIES    OF    AMITY    AND    COMMERCE,  AND  OF   AL- 
LIANCE  OF   1778,  WITH  FRANCE. 

Confederation  little  hopes,  or  means,  of  obtaining  foreign  assistance — 
Deane  sent  to  France  in  '7G  to  obtain  supplies — Remarkable  letter 
of  Vcrgennes — Franklin,  Deane  and  Jefferson  elected  Commission' 
ers  in  '76 — Jefferson  excused  from  going — Private  aid  early  from 
France — Lee  chosen  in  his  place — Aot  officially  received — farming 
situation — Private  account  of  affairs  at  French  Court — France  dis- 
posed to  withdraw  all  succour — Commissioners  had  secret  Corres- 
pondence in  London — JVews  of  Burgoyne'^s  S:irrender — Treaties 
signed — Account  of  Negotiation — Difficulty  re.yifcling  Molasses — 
Commissioners  presented  at  Court — Treaty  of  alUuncc  dangerous — 
Great  attention  to  Franklin — Anc 'dotes  of  him  — Gerard  appointed 
Minister  to  America — Sails  in  d''Estaing''s  Flag  Ship — Presented  to 
Congress — Ceremonial — Franklin  elected  to  Versailles — Franklin 
complains  of  number  of  Ministers — Complimentary  Letter  to  Lu- 
zerne— Misunderstanding  betzeeen  Adams  and  Vergennes — Frank- 
lin'^s  request  to  return— Medal  to  L  izerne — Returns  to  America — 
Succeeded  by  Jefferson— -De  la  Luzerne  succeeds  Gerard — Jefferson 
buys  Deanc'^s  papers. 

The  means  of  intercourse  with  foreign  nations,  accessi- 
ble to  the  confederation,  were  exceedingly  limited  ;  of  the 
States  in  Europe,  most  able  to  aflbrd  assistance,  little  was 
known,  except  as  enemies,  and,  while  under  the  royal  gov- 
ernment, the  provinces,  entering  with  spirit  into  various 
wars  against  France,  had  powerfully  and  very  cheerfully 
contributed  to  the  conquest  of  the  French  possessions  in 
North  America.  Indeed,  one  of  the  principal  motives  of  the 
Convention  at  Albany,  held  in  1754,  and  consisting  of  com- 
missioners from  eight  of  the  colonies,  was  to  agree  on  a 
scheme  of  mutual  protection  against  the  encroachments  of 


TREATIES  or  '78  WITH  FRANCE. 


the  French  and  Indians,  at  that  time  always  allies.  The 
trade  of  the  country,  also,  being  constantly  subject  to  the 
severities  and  restrictions  of  the  colonial  system,  was  confin- 
ed, at  the  period  of  the  Revolution,  to  Great  Britain,  the 
West  Indies,  Africa  and  Europe,  south  of  Cape  Finisterre. 
It  is  not,  therefore,  to  be  expected  that  the  Congress  could 
look  abroad  with  much  confidence,  or  hope  of  relief.  The 
principal  European  states  possessed  colonies,  and,  on  that 
account,  America  laboured  under  the  peculiar  disadvantage  of 
seeking  aid  and  encouragement  from  monarchies,  whose  poli- 
cy would  always  lie  in  resisting  the  principles,  the  confedera- 
tion asserted.  Kcvolutions  were,  at  that  time,  not  so  com- 
mon as  they  have  since  become.  The  movement  of  the 
Americans  was,  with  the  exception  of  two  slight  aflairs  of 
the  Pretender  in  Great  Britain,  the  only  instance  of  rebel- 
lion, that  had  occurred  among  civilized  nations  in  that  cen- 
tury. The  governments  of  Europe,  moreover,  wore,  at  this 
crisis,  the  aspect  of  strength  and  prosperity ;  the  throne  was 
never,  in  appearance,  more  firmly  established,  or  colonies  of 
all  descriptions  in  more  complete  subjection. 

It  is  not  likely  that  the  American  provinces,  in  the  outset, 
expected  assistance  from  abroad.  The  Revolution  war, 
though  events  had  been  setting  with  a  silent,  but  most  un- 
erring course,  to  that  extremity  since  17GG,  was  little  antici- 
pated in  1774,  the  year  of  the  first  meeting  of  the  Delegates 
in  Philadelphia.  But  the  war  finally  broke  out  in  a  manner 
most  unexpected,  and  spread  with  a  rapidity  equally  aston- 
ishing. It  is  the  first  illustration,  we  have  in  history,  of  the 
effects  of  strong  excitement  on  a  people,  well  educated  and 
perfectly  free.  No  one  was  then  aware,  till  the  moment  of 
action,  of  the  deep  and  universal  sympathy,  awakened 
throughout  America,  by  the  operation  of  a  free  press,  and  a 
free  spirit  of  enquiry.  The  great  mass  of  the  people  were 
certainly  deceived  as  to  the  state  of  the  public  mind ;  they 
knew  what  their  neighbours  thought,  but  they  probably  had 
little  conception,  that  men,  living  hundreds  of  miles  apart 
from  them,  on  the  opposite  frontiers  of  the  continent,  thought 
as  they  did,  and  were  quite  as  prepared  to  act.    There  were 


14  TREATIES  OF  '78  WITH  FRANCK. 

a  few  persons,  endowed  with  a  prophetic  spirit,  who  doubt- 
less foresaw  the  separation  ;  but  whether  the  Delegates 
themselves  to  the  fu-st  Congress  niiticipntcd  that  event, 
whether  they  considered  the  Convention  as  on  act  of  self- 
defence  only,  whether  the  Petition  presented  to  the  King  in 
September  '75,  even  after  the  cuiumoncement  of  hostilities, 
was  done,  under  the  expectation  that  harmony  would  be 
restored,  it  is  most  certain,  they  took  no  steps  to  form 
foreign  alliances  before  the  Declaration  of  Independence. 
We  do  not  mean  to  bo  understood  as  saying  that  America 
had  not  received,  as  early  as  I77G,  much  foreign  assistance. 
On  the  contrary,  it  was  obtained,  both  from  individuals  in 
France,  and  from  the  French  government.*  Private  mer- 
chants, in  several  of  the  scajioits,  scut,  secretly,  cargoes  of 
military  stores  to  this  country,  under  the  expectation  of  get- 
ting an  extravagant  profit ;  precisely  as  we  have  seen,  in 
our  times,  adventures  of  similar  description  despatched  to 
the  South  American  states.  And  to  this  period,  we  may 
trace  the  claim,  since  become  exceedingly  intricate,  of  Caron 
Beaumarchais.  Silas  Deane,  of  Connecticut  was,  also,  sent 
privately  to  France,  where  he  arrived  in  .Tune  177G,  to  ob- 
tain supplies  for  Congress,  and  to  ascertain  the  dispositions 
of  the  government.  The  17th  of  September  of  the  same 
year,  Deane  wrote  to  Robert  Morris  from  Bourdeaux.  "  I 
shall  send  you  in  October  clothing  for  20,000  men,  30,000 
muskets,  100  tons  gunpowder,  200  brass  cannon,  24  mor- 
tars, with  shot,  shell,  &c.  in  proportion."  In  November, 
being  directed  by  Congress  to  communicate  the  act  of  inde- 
pendence to  France,  he  obtained  credit  to  the  amount  of 
£  500,000,  ostensibly  from  a  private  company.  But  we  do 
not  find  in  his  journal  or  correspondence  the  least  trace  of  a 
direct  intercourse  with  France,  though  no  doubt  can  now 
remain  of  the  part  the  French  secretly  took  in  the  affairs  of 
the  Americans,  even  before  the  Declaration  of  their  Inde- 
pendence.    A  letter  of  M.  de  Vergennes  of  May  2,  1776, 

*  TIic  Coinmittec  of  Congress  liail  a  correspondence  with  a  Mr. 
Dumns  at  Utrcclit  in  April  1776  ; — tlicy  prcparetl  instructions  for  liim 
as  early  as  December  1775. 


111! 


TREATIES    or    '78    WITH     FRAWCC. 


addressed  to  the  king,  and  preserved  in  the  Archives  du 
Corps  Legislatif,  affords  all  the  proof  necessary  of  the  doings 
and  dispositions  of  the  French  court.  Never  having  seen  a 
translation  of  it,  we  shall  quote  the  whole  : — 

"  Sir,  1  have  the  honour  of  laying  at  the  feet  of  your  Majesty  the 
writing,  authorizing  mc  to  furnish  a  million  of  livres  for  the  scr> 
vice  of  the  English  colonies.  I  add  ulso,  the  plan  of  an  answer  I 
propose  to  make  to  the  Sieur  BeaumarchHis.  1  solicit  your  appro- 
batlon  to  the  two  propositions.  The  answer  to  M.  de  Beaumar- 
chais  will  not  be  written  in  my  hand,  nor  even  that  of  either  th« 
clerks  or  secretaries  of  my  office.  I  shall  employ  for  that  purpose 
my  son,  whose  hand-writing  cannot  be  known.  He  is  only  /ilV^en 
years  old,  but  I  can  answer  in  the  most  positive  manner  i>  r  his 
discretion.  As  it  is  important  that  this  )peration  should  not  b« 
suspected,  or  at  least  imputed  to  the  government,  I  entreat  your 
Majesty  to  nllow  mc  to  direct  the  return  of  the  Sieur  Montaudoio 
to  Paris.  The  apparent  pretext  for  that  proceeding  will  be,  to 
obtain  from  him  an  account  of  his  corres>pondcnce  with  the  Ame> 
ricans,  though,  in  reality,  it  will  be  fur  the  purpose  of  employing 
him  to  transmit  to  tliom  such  funds  as  your  Majesty  chooses  to 
appropriate  to  their  benefit,  directing  him,  at  the  same  time,  to 
take  all  necessary  precaution,  as  it',  indeed,  the  Sieur  Montaudoin 
made  the  advance  on  their  own  account.  On  this  head,  I  take  the 
liberty  of  requesting  the  orders  of  your  Majesty.  Having  obtained 
them,  I  shall  write  to  the  Marquis  de  Grimaldi,*  inform  him  in 
detail  of  our  proceedings,  and  request  his  cooperation,  to  the  same 
extent."! 

The  Declaration  of  Independence  rendered  a  return  to 
the  connexion  with  the  mother  country  utterly  impracticable. 
Till  that  period,  the  confederation  had  forborne  to  augment 
the  diiTiculties  of  a  restoration  of  peace,  by  entering  into  en- 
gagements with  other  nations,  even  if  governments  could  be 
found,  who  would  assume  the  responsibility  of  becoming  their 
allies  while  in  a  colonial  state.  Still,  just  before  this  time, 
America  had  received  no  certain  intelligence  of  the  inten- 


*  Minister  and  Secretary  of  State  of  Despatches  in  Spain, 
t  Flassan,  vol.  vii. 


VOL.    I. 


26 


TREATIES    or     '78    WITH     FRANCE. 


il 


tions  of  France,  for  we  find  in  the  month  of  May  1776,  that 
the  assembling  a  large  fleet  by  the  French  in  the  West  In- 
dies, excited  alarm,  and  measures  were  immediately  adopted 
by  Congress,  in  order  to  ascertain  whether  it  was  their  de- 
sign to  act  against  the  United  States.     But  in  the  autumn  of 
this  year  the  disposition  of  some  of  the  European  powers, 
particularly  France,  having  been  fully  disclosed,  the  atten- 
tion of  Congress  was  first  turned  to  the  consideration  of  trea- 
ties to  be  proposed  to  foreign  states.     And  in  September,  a 
plan  of  one  was  agreed  on.*     The  terms  do  not  differ  ma- 
terially from  the  provisions  of  the  treaty  afterwards  made. 
On   the    26th  of  September,   Benjamin  Franklin  of  Penn- 
sylvania, Silas  Deane  of  Connecticut,  and  Thomas  Jefferson 
of  Virginia,  were  elected,  in  a  ballot     f  Congress,  Commis- 
sioners to  the  Court  of  France.     Mr.  Jefferson,  having  been 
excused  from  going,  on  account  of  the  state  of  his  family, 
Arthur  Lee  of  the  same  state  was  appointed  on  a  subsequent 
day.     They  were  furnished  with  a  letter  of  credence,  which, 
as  it  was  the  first  given  by  an  American  Congress,  we  shall 
insert  at  length. 

"  The  Delegates  of  the  United  States  of  New  Hampshire,  Mas- 
sachusetts Bay,  Rhode  Island,  Connecticut,  New-York,  New  Jer- 
sey, Pennsylvania,  Delaware,  Maryland,  Virginia,  North  Carolina, 
South  Carolina,  and  Georgia,  to  all  who  shall  see  these  presents, 
send  Greeting ; — Whereas  a  trade,  upon  equal  terms,  hetween  the 
subjects  of  his  most  Christian  Majesty,  the  King  of  France  and  the 
people  of  these  States,  will  be  beneficial  to  both  nations; — Know 
ye,  therefore,  that  we,  confiding  in  the  prudence  and  integrity  of 
Benjamin  Franklin,  one  of  the  Delegates  in  Congress,  from  the 
State  of  Pennsylvania,  and  President  of  the  Convention  of  the  said 
State,  &c.,  Silas  Deane,  now  in  France,  late  a  Delegate  from  the 
State  of  Connecticut ;  and  Arthur  Lee,  barrister  at  law,  have  ap- 
pointed and  deputed,  and  by  these  presents  do  appoint  and  depute 
them,  the  said  Benjamin  Franklin,  Silas  Deane,  and  Arthur  Lee, 
our  Commissioners,  giving  and  granting  to  them,  the  said  Franklin, 
Deane,  and  Lee,  or  any  two  of  them,  and  in  case  of  the  death,  ab- 
sence, or  disability  of  any  two,  or  any  one  of  them,  full  power  to 

*  Foreign  Relations.    (Secret  Journal,)  vol.  ii.  p.  27. 


■i^>' 


TREATIES    OP    '78    WITH    FRANCE. 


27 


communicate,  treaf,  agree  and  conclude  with  his  most  Christian 
Majesty,  the  King  of  France,  or  with  such  person  or  persons,  as 
shall  by  him  be  for  that  purpose  authorized,  of  and  upon  a  true 
and  sincere  friendship,  and  a  firm,  inviolable  and  universal  peace 
for  the  defence,  protection,  and  safety  of  the  navigation  and  mu- 
tual commerce  of  the  subjects  of  his  most  Christian  Majesty,  and 
the  people  of  the  United  States,  and  to  do  all  other  things,  which 
maj'  conduce  to  those  desirable  ends,  and  promising  in  good  faith 
to  ratify  whatsoever  our  said  Commissioners  shall  transact  in  the 
premises.  Done  in  Congress,  in  Philadelphia,  the  thirtieth  day  of 
September,  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  seventy-six." 

Mr.  Lee  and  Mr.  Deane,  in  Europe  at  the  time  of  their 
appointment,  were  joined,  in  December,  by  Dr.  Franklin. 
The  first  letter  of  the  Commissioners  is  dated  Jan.  17,  1777. 

"  To  the  Committee  for  Foreign  Affairs. 

"  We  joined  each  other  at  this  place  on  the  22d  of  Decem- 
ber, and  on  the  28lh  had  an  audience  nf  his  Excellency  the  Count  De 
Vergcnnes^  one  of  his  most  Christian  Majesltfs  principal  Secretaries  of 
State^  and  Minister  for  foreign  affairs.  We  laid  before  him  our  Com' 
mission^  with  the  articles  of  the  proposed  Treaty  of  Commerce.  He 
assured  us  of  the  protection  of  his  Courts  and  that  due  consideration 
should  be  given  to  what  we  offered.  Soon  after  we  presented  a 
"  memoire"  on  the  present  situation  of  our  States,  drawn  up  at  the 
Minister's  request,  together  with  the  articles  of  the  general  con- 
federation, and  the  demand  for  ships  of  war,  agreeable  to  our  in- 
structions. Copies  of  all  these  papers  were  given  by  us  to  the 
Count  D'Aranda,  his  Catholic  Majesty's  Ambassador  here,  to  be 
communicated  to  his  court. 

"  We  are  promised  an  answer  from  this  Court  as  soon  as  they 
can  know  the  determination  of  Spain,  with  which  they  mean  to 
act  in  perfect  unanimity.  In  the  mean  time,  we  are  endeavouring 
to  expedite  several  vessels,  laden  with  artillery,  arms,  ammunition 
and  clothing,  which  we  hope  will  reach  you  in  time  for  the  cam- 
paign, though  unfortuna'cly  one  vessel,  which  Mr.  Deane  had  sent 
so  laden,  has  put  back,  after  having  been  three  weeks  at  sea; — 
she  is,  however,  now  sailed  again. 

"  The  ports  of  France,  Spain  and  Florence  (that  is,  Leghorn  in 
the  Mediterranean)  are  open  to  the  American  cruisers  upon  the 
usual  forms  of  neutrality." 


TREATIES    OP    '78    WITH    FRANCE. 


■■\'  \ 


Dr.  Franklin  was  received  at  Paris   with  uncommon  at- 
tention ;  known  already  as  a  philosopher,  the  cause  he  re- 
presented  was  undoubtedly  popular  with  the  French.     In- 
deed, the  subject  of  liberty  itself  was,  already,  popular.     It 
might  have   been   only  a  fashion,  as   so   many  other  things 
have  been  in  France — it  might  have  arisen  from  the  meta- 
physical, or  rather   philosophical  discussions,   in  which  the 
French  were  then  so  much   engaged,   without  at  all  appre- 
hending the  practical  effects  of  them.      Or,  perhaps,  we  may, 
with  most  truth,  call  the  cause  of  the   colonies  popular,  be- 
cause it  was  one  likely  to  do  vast  mischief  to  England.     The 
novelty  of  the  undertaking  itself,  produced  an  enthusiasm  in 
France  ;  a  war  was   commenced  on  a  new  continent ; — the 
iBcene  of  action  and  of  interest  was  transferred   from  the  old 
world.     This  had,   already,  happened  in  the  former  French 
wars,  when  Quebec  and  their  other  possessions  fell.     But, 
then,  the  European  had  only  left  his  customary  battle-grounds 
to  meet  on  a  new  continent  with  the  same  armies,  the  same 
animosity,   and  the  same  ambition.     Europe  was  a  party  to 
those   wars, — to  this,   a   spectator.     At  any  rate,  America 
was  viewed  with  that  deep  interest  and  sympathy,  with  which 
the  weak  are  regarded  in  all  contests,   and  those,  who  were 
not  inspired  with  the  holy  spirit  of  emancipation,  doubtless 
wished  well  to  a  cause,  that  was  fought  at  such  fearful  odds. 
But  the   government  manifested  an  evident  reluctance  to 
form  an  open  alliance  at  this  time  ;  it  naturally  and  prudent- 
ly sought  for  delay.     "  The  politics  of  this  court,"  remarks 
A.  Lee,  January  3,  '77,  "  are  in  a  kind  of  trembling  hesita- 
tion.      It  is  in  consequence  of  this  that  the  promises,  which 
were  made  me  by  the  French  agent  in  London  (and  which 
I  stated  to  you  by  Mr.  Story  and  others),  have  not  been  en- 
tirely fulfilled."*     The  Commissioners  were  not  publicly  re- 


h 

M 


*  The  allusion  in  this  letter  is  thus  explained.  "Paris,  Feb.  8, 
1778.  I  was  present  at  Mr.  Lee's  chambers  at  the  temple  in  liondon, 
sometime  in  the  spring  of '70,  when  M.  Caron  de  fieaumarchais  made 
offers  to  Mr.  Lee  to  send  supplies  of  money  and  stores,  through  the 
islands,  to  the  Americans,  to  the  amount  of  200,000  livres  d'or,  and, 
he  said,  he  was  authorized  to  make  the  proposals  by  the  Court  of 
France.     B.  C.  D.  Lauragais." 


TREATIES  OF  *78  WITH  FRANCE. 


2d 


ceived ;  for  the  fate  and  condition  of  the  Americans  were  in 
an  unconfirmed  state ; — and  it  mi  ht  well  be  doubted,  whether 
they  could  long  resist  the  mother  country,  of  whose  power 
France  herself,  bore  the  deep  marks  of  a  recent  and  melan- 
choly experience.  But  assistance  continued  to  be  secretly 
furnished ; — 2,000,000  of  livres  were  put  into  the  hands  of 
Deane  and  Franklin  by  a  wealthy  individual  (undoubtedly 
by  the  direction  of  the  government),  in  the  summer  of  '77, 
without  interest  or  security  ; — privateers  were  allowed  to 
equip,  and  bring  their  prizes  into  French  ports  ; — commis- 
sions were  issued  by  the  American  envoys  ;  and  the  cause 
of  the  Revolution  still  continued  exceedingly  popular  with 
the  people.  Franklin,  in  one  of  his  letters,  in  May  '77,  has 
th.ie  remarks : 

"  All  Europe  is  on  our  side  of  the  question,  as  far  as  applause 
and  good  wishes  can  carry  them.  Those,  who  live  under  arbitrary 
power,  do  nevertheless  approve  of  liberty,  and  wish  for  it;  they 
almost  despair  of  recovering  it  in  Europe  ;  they  read  the  transla- 
tions of  our  separate  colony  institutions  with  rapture,  and  there  are 
such  numbers  every  where,  who  talk  of  removing  to  America  with 
their  families  and  fortunes  as  soon  as  peace  and  our  independence 
shall  be  established,  that  it  is  gfjnerally  believed,  we  shall  have  a 
prodigious  addition  of  strength,  wealth  and  arts  from  the  emigra- 
tions of  Europe,  and  it  is  thought  that  to  lessen  or  prevent  such 
emigrations,  ♦Ve  tyrannies  established  there  must  relax  and  allow^ 
more  liberty  to  their  people.  Hence  it  is  a  common  observation 
here,  that  our  cause  is  the  cause  of  all  mankind,  and  that  we  are 
fighting  for  their  liberty  in  defending  our  own  "* 

But  he  could  obtain  no  recognition  of  v.he  independence, 
nor  public  declaration  of  assistance  from  the  French  court. 
Franklin,  who  knew  the  world,  was  obliged,  for  the  moment, 

*  Extract  of  a  letter  from  Silas  Deane  to  the  Congress.  "  Dec.  3, 
*7G.  The  Queen  is  fond  of  parade,  and  I  believo,  wishes  for  war,  and 
is  our  friend.  She  loves  riding  on  horseback.  Could  you  send  me  a 
line  Narragansiit  horse  or  two  ?  The  money  would  be  well  laid  out. 
Kittenhousc's  orrery,  or  Arnold's  collection  of  insects — a  phaeton  of 
American  make,  and  a  pair  of  bay  horses — a  few  barrels  of  apples^ 
walnuts,  cranberries,  butternuts,  &c.  would  be  great  curiosities." 


so 


TREATIES    OP    '78    WITH    FRANCE. 


to  console  himself  with  the  barren  but  polite  phrase  of  the 
French  Minister,  that  while  he  was  in  Paris,  he  should  have 
"  toute  la  surete  et  tous  les  agremens  que  nous  y  faisons 
cprouver  aux  etrangers."  At  one  time,  M.  de  Vergennes 
gave  the  American  Commissioners  hopes,  they  should  be  re- 
ceived as  Ministers  Plenipotentiary,  though  he  exacted  from 
them,  as  a  preliminary  step,  that  an  authentic  copy  of  the 
Declaration  of  Independence  should  be  procured,  which  they 
had  omitted  to  bring.  Dr.  Franklin  had  now  been  at  the 
court  more  than  six  months  ;  he  was,  as  he  said  himself, 
*'  treated  with  great  civility  and  respect  by  all  orders  of  peo- 
ple, and  it  afforded  him  great  satisfaction  to  find  that  he  was 
of  some  use  to  his  country."  A  French  writer  of  that  pe- 
riod, speaking  of  him,  says,  he  was  an  "  old  man  of  a  superb 
appearance,  of  a  simple  air  and  great  affability,  full  of  cour- 
age and  confidence  in  his  fellow-citizens  and  in  the  fu- 
ture."* 

In  one  of  the  earliest  letters  of  the  Commissioners,  we 
have  a  minute  account  of  the  situation  of  affairs  at  the  court 
of  Versailles.        , ,  , 

"  Paris,  12  March  1777.    • 
"  To  the  Secret  Committee.  »  » • 

♦'  It  is  now  more  than  four  months,  since  Mr.  Franklin's  de- 
parture from  Phihulelphia,  and  not  a  line  from  thence,  written 
since  that  time,  has  hitherto  reached  either  of  your  Commissioners 

*  We  have  met,  in  La  Harpe's  Correspondence,  with  an  anecdote, 
relating  to  America,  that  does  not  appear  to  have  been  much  circulat- 
ed. It  took  place  at  the  time  of  the  celebrated  last  visit  of  Voltaire  to 
Paris.  It  does  not  belong  to  the  precise  year,  of  which  we  are  now 
treating,  but  our  ajjology  for  extracting  it,  is  its  application  to  the  sub- 
ject. "  Nothing  appears  more  worthy  of  being  mentioned  than  Vol- 
taire's interview  with  Franklin.  M.  de  Voltaire  spoke  to  him  in  Eng- 
lish ;  his  niece,  Mme.  Denis,  who  was  present  with  some  other  friends, 
observed,  they  should  be  glad  to  hear  what  was  said,  and  begged  him 
to  speak  French.  *  I  beg  your  pardon,'  replied  Voltaire,  *  I  have  for  a 
moment  yielded  to  the  vanity  of  speaking  the  same  language  as  Dr. 
Franklin.'  Franklin  presented  his  grandson  to  the  philosopher,  and 
craved  his  blessing  for  him.  Voltaire  extended  his  arms  over  him, 
and  said  to  him,  '  My  child,  God  and  Liberty  I  Recollect  those  two 
words.'  " 


TREATIES     OF     '78     WITH     FRANCE. 


SI 


in  Europe.  We  have  had  no  information  of  what  passes  in  Ameri- 
ca, but  through  England,  and  the  advices  are  for  the  most  part 
only  as  the  Ministry  choose  to  publish.  Our  total  ignorance  of  the 
truth  or  falsehood  of  facts,  when  questions  are  asked  of  us  con- 
cerning them,  makes  us  appear  small  in  the  eyes  of  the  people 
here,  and  is  prejudicial  to  our  ncgotialions. 

"  In  ours  of  6th  February,  of  which  a  copy  is  enclosed,  we  ac- 
quainted you,  that  we  were  about  purchasing  some  cutters,  to  be 
employed  as  packet  boats.  We  have  succeeded  in  getting  one 
from  Dover,  in  which  we  purpose  to  send  our  prrsent  despatches. 
Mr.  Hodge,  who  went  to  Dunkirk  and  Flushing,  where  he  thought 
another  might  be  easily  found,  has  not  yet  acquainted  us  with  his 
success.  We  promised,  that  when  we  had  a  conveyance,  which 
by  its  swiftness  is  more  likely  to  carry  safely  our  letters,  we  would 
be  more  explicit  in  accounts  of  our  proceedings  here,  which  pro- 
mise, we  shall  now  fulfil,  as  follows. 

"  In  our  tir.'«t  conversation  with  the  Minister,  after  the  arrival  of 
Mr.  Franklin,  it  was  evident  that  this  Court,  while  it  treated  us 
privately  with  all  civility,  was  ciiutious  of  giving  umbrage  to  Eng- 
land, and  was,  therefore,  desirous  of  avoiding  an  open  reception 
and  acknowledgment  of  us,  or  entering  into  any  formal  ncgotia'ion 
with  us,  as  Ministers  from  the  Congres?.  To  make  us  easy,  how- 
ever, we  were  told  that  the  ports  of  France  were  open  to  our  ships 
as  friends,  that  our  people  might  freely  purchase  and  transport,  as 
merchandise,  ivhatever  our  States  had  occasion  for,  vending  at  the 
same  time  our  own  commodities;  that  in  doing  this,  we  should  ex- 
perience all  the  facilities,  that  a  government,  disposed  to  favour 
us,  could,  consistent  with  treaties,  nlTord  to  the  enemies  of  a  friend. 
But  though  it  wan,  at  that  time,  no  seciet,  that  two  hundred  tield- 
pieces  of  brass,  and  thirty  thousand  fusils,  with  other  munitions  of 
war  in  great  abundance,  had  been  taken  out  of  the  king's  maga- 
zines for  the  purpose  of  exportation  to  America,  the  Minister,  in 
our  presence,  affected  to  know  nothing  of  that  operation,  and 
claimed  no  merit  to  his  Court  on  that  account.  But  he  intimated 
to  us,  that  it  would  be  well  taken,  if  we  communicated  with  no 
other  person  about  the  Court  concerning  our  affiiirs,  but  himself, 
who  would  be  ready,  at  all  convenient  times,  to  confer  with  us. 

"  We  soon  after  presented  several  memorials,  representing  the 
state  of  the  colonies, — the  necessity  of  some  naval  aid, — and  the 
utility  to  France,  that  must  result  from  our  success  in  establishing 


;       . 


'•iTf 


$t 


TREATIES    OF     '78    WITH     FRANCE. 


the  independence  of  America,  with  the  freedom  of  its  commerce. 
Id  answer,  we  received  a  positive  rcfus<il  of  the  ships  of  the  line 
(which  we  had  been  instructed  to  ask),  on  tiiis  principle,  that  if  a 
war  with  England  should  take  place,  the  whole  fleet  of  France 
would  be  necessary  at  home  for  her  defence ;  that  if  such  a  war 
did  not  take  place,  yet,  while  England  apprehended  a  war,  it  was 
equally  serviceable  to  our  States,  that  the  fleet  of  France  should 
remain  entire  in  her  ports,  since  that  must  retain  an  equal  force  of 
English  at  home,  who  might  otherwise  go  to  America,  and  who 
certainly  would  follow  thither  any  French  squadron. 

"  During  these  conferences,  every  step  was  taken  to  gratify 
England  publicly,  by  attending  to  the  remonstrances  of  her  ambas- 
sador, forbidding  the  departure  of  ships,  which  had  military  stores 
on  board, — recalling  officers,  who  had  leave  of  absence  and  were 
going  to  join  us, — and  giving  strict  orders  that  our  prizes  should 
not  be  sold  in  French  ports  ;  yet,  that  we  might  not  be  discour- 
aged, it  was  intimated  to  us  hy  persons  about  the  Court,  that  those 
measures  were  necessary  at  present,  France  not  being  yet  quite 
ready  for  a  war,  and  that  we  might  be  assured  of  her  good  will  to 
us  and  to  our  cause — means  were  proposed  of  our  obtaining  a 
large  sura  of  money  for  present  use  by  an  advance  from  the  Far- 
mers General,  to  be  repaid  in  tobacco,  of  which  they  wanted  twen- 
ty thousand  hogsheads.  We  entered  accordingly  into  a  treaty  with 
that  company,  which  meeting  with  difficulty  in  settling  the  terms, 
«ve  were  informed  that  a  grant  was  made  us  of  two  millions  of 
livres,  from  the  Crown,  of  which  tive  hundred  thousand  was  ready 
to  be  paid  us  down,  and  an  equal  sum  should  be  paid  the  begin- 
nings of  April,  July  and  October,  that,  such  was  the  King^s  gene- 
rosity, he  exacted  no  conditions  or  promise  of  repayment;  he  only 
required,  we  should  not  speak  to  any  one  of  our  having  received 
this  aid.  We  have  accordingly  observed  strictly  this  injunction, 
deviating  only  in  this  information  to  you,  which  we  think  necessary 
for  your  satisfaction,  but  earnestly  requesting  that  you  would  not 
suffer  it  to  be  made  public.  This  is  the  money,  which,  in  our 
former  letter,  we  mentioned  as  raised  for  us  by  subscription." 

In  the  middle  of  the  summer  of  '77,  affairs  tooli  a  veiy 
unfavourable  turn.  News  of  the  deploiable  campaigns  in 
t'le  Jerseys  had  just  then  arrived  in  Fiance  ; — the  business 
appeared  to  be  at  an  end  ; — the  British  believed  it  them- 
selves, and   Franklin's  friends  wrote  to  him  from  England, 


TREATIES    OF     '78     WITH     FRANCE. 


85 


merce. 
he  line 
lat  if  a 
France 

a  war 
,  it  was 

should 
'orce  of 
nd  who 

gratify 
ambas- 
\f  stores 
id  were 
should 
discour- 
at  those 
it  quite 
will  to 
lining  a 
the  Far- 
ed twen- 
aty  with 
terms, 
lions  of 
is  ready 
begin- 
's  gene- 
he  only 
[cceived 
lunction, 
cessary 
uld  not 
in  our 

la  very 
|igns  in 
isiness 
them- 
[igland, 


that  neither  France  nor  Spain  would  afford  the  Americans 
any  more  than  a  kind  of  "  paralytic"  aid  : — just  sufficient  to 
prolong  their  existence  a  few  months.  The  English  were, 
all  along,  well  satisfied  that  France  assisted  the  Americans, 
nor  were  they  ignorant  of  the  manner  in  which  privateers 
and  their  prizes  were  treated  ;  acts  that  had  been  the  sub- 
ject of  frequent  remonstrances  from  Lord  Stormont,  the  Eng- 
lish Minister  at  Paris.  Hitherto  either  evaded  or  neglected, 
they  were  renewed  in  a  more  decided  and  categorical  man- 
ner, upon  the  present  very  discouraging  appearance  of 
American  afTairs.  An  immediate  rupture  was  apprehended, 
for  an  order  was  secretly  despatched  to  recall  the  French 
fishermen  from  the  banks  of  Newfoundland.  America  ap- 
peared at  this  time  but  a  feeble  ally  ;  it  was  even  in  some 
respects  difHcult  in  Europe  to  ascertain,  whether  the  majo- 
rity of  the  people  were  in  favour  of  the  Revolution  ;  for  it 
had  always  been  said,  and  was  for  a  long  time  believed,  that 
its  partizans  were  a  bold,  unprincipled  faction,  who  could 
have  no  perm.ment  support  either  from  their  numbers  or  re- 
spectability. The  situation  of  the  country  in  the  winter  of 
'76  and  '77,  certainly  gave  great  countenance  to  this  opi- 
nion ; — the  authority  of  Congress  seemed  to  be  reduced  to 
a  shadow — troops  deserted  by  states — officers  were  discon- 
tented, if  not  disaffected,  and  neither  levies  nor  supplies 
could  be  obtained.  Philadelphia  was  in  possession  of  the 
English — Congress  had  been  compelled  to  retire  to  Balti- 
more, and  General  Burgoyne's  expedition  from  Canada  had 
commenced  with  alarming  success.  The  country  was  sur- 
rounded;— Howe  was  at  Philadelphia;  Clinton  at  New- 
York,  and  Burgoyne  in  the  North. 

Very  extraordinary  measures  were  immediately  adopted 
to  remove  the  suspicions  of  the  British  minister  and  to  satis- 
fy his  complaints.  Several  American  privateers  were  de- 
tained ;  and  Mr.  Hodge  *  an  American  merchant,  concerned 

*  Some  account  will  lie;  Ibuml  of  tliis  person  in  a  statement  respect- 
ing the  commercial  proceedings  of  tlie  American  Commissioners  in, 
France,  made  ,o  Congress  by  Artliur  Lee.  Tliilad.  1780.  Printed  by 
F.  IJailey,  &c.         .  -  .  .-, 

vol,.  \.  '  5 


84 


TREATIES    OF     *78    WITH    FRANCE. 


i' 


in  fitting  out  these  vessel?,  and  in  sending  military  stores  to 
America,  with  the  captain  of  one  of  them  (the  Amphitrite) 
in  which  part  of  the  stores  had  been  sent,  was  thrown  into 
the  Bastille,  from  which,  however,  he  was  shortly  released 
by  the  intercession  of  the  American  Commissioners.  Caron 
Beaumarchais,  since  known  in  such  a  variety  of  ways  to  the 
public,  was  alarmed  for  his  own  safety,  and  though  avowedly 
employed  by  the  Government,  he  believed  he  should  be 
made  a  victim  to  pacify  the  English  envoy.  He  said  to  Dr. 
Franklin,  on  this  occasion,  "  My  Government  will  cut  my 
throat  as  if  I  were  a  sheep."  M.  de  Vergennes,  also,  ad- 
dressed a  letter  to  Lord  Stormont  in  July  '77,  from  which 
the  following  extracts  are  made  : 

"  His  Christian  Majesty,  in  the  fuithful  observance  of  the  trea- 
ties, that  exist  with  liis  Britannic  Majesty,  will  permit  no  act  in  his 
own  dominions  that  can  derogate  from  them.  Properly  affected  by 
the  complaints  you  have  been  instructed  to  make  in  relation  to  the 
three  American  privateers,  the  Reprisal,  Lexington,  and  Dolphin, 
directed  to  leave  our  ports,  and  notwithstanding  the  orders  of  this 
government,  already  returned  to  them,  his  Majesty,  so  far  from 
approving  this  conduct,  has  commanded  that  these  privateers 
should  be  held  in  sequestration  in  the  port^),  where  they  may  now 
happen  to  be,  till  they  can  furnish  satisfactory  security  that  they 
will  return  in  a  straight  course  to  their  own  country,  and  will  no 
longer  infest  the  European  seas.  As  to  the  prizes  these  privateers 
or  others  may  have  made,  orders  have  been  sent  that  they  should 
not  be  sold  in  our  ports,  and  they  have  been  directed  to  depart  aa 
soon  as  the  wind  and  other  circumstances  will  permit.  Care  will 
be  taken  that  no  other  commerce  is  allowed  to  the  Americans  than 
the  laws  of  nations  and  treaties  authorize."  ,<-.     's^zr  ■. 

.  The  French  thus  appeared  determined  to  abandon  the 
cause  of  the  Americans  ;  and  the  supplies  and  the  counte- 
nance of  the  court  were  withdrawn.  Dr.  Franklin,  dining 
about  this  time  in  a  party  of  French  gentlemen  at  Paris,  one 
of  them  observed  to  him,  that  his  country  at  that  moment 
presented  a  sublime  spectacle, — "  Yes,"  said  the  doctor, 
"  but  the  spectators  do  not  pay."* 

*  The  Commissioners  appear  to  have  had  a  person  in  London,  who 


ii," 


TREATIES  or  '78  WITH  FRANCE. 


35 


The  French  court  could  never  have  submitted  to  this 
course  with  the  least  good  will.  They  were  disappointed  in 
not  securing  the  American  trade  in  exchange  for  an  ac- 
knowledgment of  independence,  and  in  not  depriving  England 
of  one  of  the  principal  sources  of  her  wealth  and  power  ; 
they  appeared  about  to  lose  a  most  favourable  opportunity  of 
revenging  on  that  country  the  disgraces  and  disasters,  that 
preceded  the  peace  of  1763; — of  restoring  the  maritime 
equilibrium,  and  of  enriching  their  own  commerce  by  the 
losses  of  a  great  rival.  France,  without  perhaps  thinking 
very  profoundly  upon  the  independence  of  the  colonies,  or 
the  effects  which  would  lesult  from  that  act,  considered  the 
occasion  as  one  by  which  she  might  profit.  She  had  assist- 
ed America  actively  and  importantly  for  two  years  under 
the  beard  of  the  British  Minister,  and  had  given  every  inti- 
mation possible  that  she  intended  to  arm  in  favour  of  the 
Revolution.  On  her  side,  England  submitted  patiently,  and 
during  the  greater  part  of  (he  time,  silently,  to  this  indignity, 
for  she  had  then  a  heavy  war  upon  her  hands.  It  would 
be  time  enough  to  turn  upon  France  when  the  colonies  were 
subdued,  an  event  every  campaign  was  expected  to  bring 
about ;  and  the  results  of  the  last,  as  (hey  were  then  known 
in  Europe,  led  the  French  minister  to  apprehend  that  period 
to  be  fast  arriving.  It  is  perfectly  just  to  remark,  that  at 
the  moment  when  aid  and  countenance  were  most  important 
to  the  Americans,  the  French  Government  resorted  to  de- 
cisive means  to  prove  the  strict  neutrality  of  its  conduct. 

This  was  a  discouraging  juncture  for  the  American  Com- 
missioners, though  Franklin  retained  full  contidence  in  the 
resolution  of  his  countrymen.  He  was,  also,  well  acquaint- 
ed with  the  real  dispositions  of  the  French  court,  and  he 
saw,  they  had  proceeded  to  such  a  length  that  it  would  be 
difficult  to  withdraw  with  safety.  "  This  Court,"  write  the 
Commissioners,  September  8,  1777,  "continues  the  same 
conduct  it  has  held  since  our  arrival.     It  professes  to  England 

sent  them  information.  Among  other  facts,  disclosed  in  their  corres- 
pondence, A.  Lee  sent  notice  to  Congress  of  the  British  expedition  up 
the  Sound. 


;: 


36 


TREATIES    OB'     '78     WITH     FRANCE. 


an  intention  to  observe  all  treaties,  and  proves  it  by  restor- 
ing prizes  too  openly  brought  into  their  ports,  imprisoning 
such  persons  as  are  found  concerned  in  fitting  out  privateers 
against  England,  warning  repeatedly  those  from  America  to 
depart,  and  renewing  its  orders  against  the  exportation  of 
warlike  stores.  To  us  it  privately  professes  a  real  friend' 
shipy  wishes  success  to  our  cawac,  privately  affords  every  es- 
sential aid  and  goes  on  preparing  for  war^*  The  cause 
was  still  very  popular  with  the  French  people,  particularly 
in  the  maritime  towns,  at  that  time  in  a  flourishing  condition, 
principally  on  account  of  the  West  India  trade.  The  little 
commerce  they  already  were  engaged  in  with  the  United 
States,  encouraged  them  to  a  great  degree,  and  the  profit 
with  which  these  operations  had  been  attended,  opened  to 
them  a  most  promising  prospect.  "  When  would  the  go- 
vernment arm  in  favour  of  the  Americans  ?  We  heard  but 
this  cry  in  France.  The  nation  deceived  the  ministry  and 
itself,  by  exaggerating  the  commercial  advantages  that  would 
result  from  the  independence  of  the  American  colonies.  The 
fashion  of  the  day  propagated  the  declaration  of  the  Rights  of 
Man.  No  title  appeared  more  desirable  than  that  of  an  in- 
habitant of  Boston."! 

In  December  '77,  despatches  arrived  to  the  Commission- 
ers, containing  an  account  of  the  surrender  of  General  Bur- 
goyne,  and  his  army.  This  news  decided  the  French  go- 
vernment. Caron  Beaumarchais,  in  a  state  of  extreme 
despair  and  agony,  was  at  Passy,  the  country  seat  of  Dr. 
Franklin,  a  few  miles  from  Paris,  when  the  intelligence  was 
brought.  He  was  so  overcome  by  it  that  he  immediately 
set  off  for  the  capita],  and  in  his  haste  his  carriage  was  over- 
set and  his  arm  dislocated.  On  the  6th  of  December  '77, 
M.  Gerard,  on  the  part  of  the  French  government,  gave  for- 
mal notice  to  the  American  Commissioners,  that,  after  a  long 
and  mature  deliberation  upon  their  propositions,  his  Christian 
Majesty  had  resolved  to  recognise  the  independence  of,  and 

*  Vergennes,  before  the  treaty  was  signed,  addressed  his  American 
letters  to  M.  Grand,  an  individual  engaged  in  a  banking  house  iu 
Paris.  t  Laeretelle,  vol.  V.  ■■   •  >:»' 


TREATIES    or     *78     WITH    FRANCE. 


37 


to  enter  into  treaties  of  commerce  and  alliance  %vith,  the 
«  United  States  of  America  ;"  and,  on  the  28th  of  the  month, 
they  were  admitted  to  a  formal  conference  with  M.  de  Ver- 
gennes  at  Paris.  These  two  treaties  were  signed  on  the 
6th  of  February  1778,*  by  Benjamin  Franklin,  Silas  Deane, 
and  Arthur  Lee  for  America,  and  Conrad  Alexander  Gerard 
for  France.  We  possess  no  details  of  the  negotiation  ;  but 
we  shall  recite  in  this  place  a  letter,  to  Congress,  of  two  of 
the  Commissioners,  dated  February  8,  1778,  at  Passy. 

*'  We  have  now  the  great  satisfaction  of  acquiiinting  you  and 
the  Congress,  that  the  treaties  with  France  arc,  at  length,  com- 
pleted and  signed.  Tiie  first  is  a  treaty  of  Amity  and  Commerce, 
much  on  the  plan  of  that  projected  in  Congress;  the  other,  a  trea- 
ty of  Alliance,  in  which  it  is  stipulated  that,  in  case  England  de- 
clares war  against  France,  or  occasions  a  war  by  attempts  to  hin- 
der her  commerce  with  us,  we  should  then  make  common  cause, 
and  join  our  forces  and  councils,  &c.  &c.  The  great  aim  of  this 
treaty  is  declared  to  be,  "  to  establish  the  liberty,  sovereignty  and 
independency,  absolute  and  unlimited,  of  the  United  States,  as  well 
in  matters  of  government  as  commerce," — and  this  is  guarantied 
to  us  by  France,  together  with  all  the  countries  we  possess,  or 
shall  possess,  at  the  conclusion  of  the  war.  In  return  for  which 
the  States  guaranty  to  France  all  its  possessions  in  America.  We 
do  not  now  add  more  particulars,  as  you  will  soon  have  the  whole 
by  a  safer  conveyance,  a  frigate  being  appointed  to  carry  our  de- 
spatches. We  only  observe  to  you,  and  with  pleasure,  that  we  have 
found,  throughout  this  business,  the  greatest  cordiality  in  tbisCoUrt, 
and  that  no  advantage  has  been  taken,  or  attempted  to  be  taken,  of 
our  present  difliculties,  to  obtain  hard  terms  from  us  ;  but  such  has 
been  the  King^s  magnanimity  and  goodness,  that  be  has  proposed 
none,  which  we  might  not  readily  have  agreed  to  in  a  state  of  full 


*  This  proceeding  was  soon  known  in  England.  Gibbon  writes 
(London,  Feb.  23,  1778)  to  Mr.  Ilolroyd,  afterwards  Lord  Sneffield, 
"  It  is  positively  asserted,  both  in  [)rivate  and  in  Parliament,  and  not 
contradicted  by  Ministers,  that  on  the  Jijlh  of  this  month  a  treaty  of 
commei'ce  (which  naturally  leads  to  war)  tvas  signed  at  Paris  with  the 
independent  States  of  America.  Yet  there  still  remains  a  hope,  that 
England  may  obtain  the  preference.  The  two  greatest  countries  in 
Europe  are  fairly  running  a  race  for  the  favour  of  America." 


vj 


Kl  THEATIES  or  '78  WITH  FRANCE. 

prosperity  and  entahlished  power.  The  principle  laid  down  as  the 
bails  of  the  treaty  being',  as  dechired  in  the  preamble,  "  the  most 
perfect  equality  and  reciprocity'' — the  privileges  in  trade,  iic.  are 
mutual,  and  none  are  given  to  France,  but  what  we  are  at  liberty 
to  grant  to  any  other  nation.  On  the  whole,  we  have  abundant 
reason  to  be  satisfied  with  the  good  will  of  this  Court  and  the  na- 
tion in  general,  which  we,  therefore,  hope  will  be  cultivated  by 
the  Congress  by  every  ntcans  that  may  establish  the  union,  and 
make  it  permanent,  ii^pain  being  slow,  there  is  a  separate  and  se- 
cret clause  by  ivliich  she  is  to  be  received  into  the  alliance  upon 
requisition  ;  and  there  is  no  doubt  of  the  event.  When  we  men- 
tion the  good  will  of  this  nation  to  our  Ciiu^c,  wc  may  add  that  of 
all  Europe,  which,  having  been  offended  by  the  pride  and  inso- 
lence of  Britain,  wishes  to  see  its  power  diminish  ;  and  all,  who 
have  received  injuries  from  her,  are,  by  one  of  the  articles,  to  be 
invited  into  an  alliance.  The  prci>aralions  for  war  are  carried  on 
with  immense  activity, — and  it  is  very  soon  expected." 

These  were  the  first  treaties  made  by  the  United  States, 
and  as  it  respects  the  coiiimcrcial  one,  the  model  of  most 
conventions,  since  concluded  with  the  states  on  the  continent 
of  Europe.  Wc  abstain  from  making  any  general  remarks 
on  their  stipulations,  as  the  whole  are  extracted.  But  in  the 
commercial  treaty,  though  no  reciprocity  of  duties  was  es- 
tablished, the  barbarous  droit  dUiubaine  was  abolished  as  it 
regarded  Americans,^ — contrabands,  specifically  enumerated, 
were  confined  to  munitions  of  war  ;  a  trade  with  an  enemy's 
possessions  was  admitted,  and  the  great  neutral  principlei 
**  Free  ships,  free  goods,"  was  recognised.  The  commerce 
of  each  party  was  put  on  the  footing  of  the  most  favoured 
nations ;  gentis  amicissimae.  Otlier  remarks  on  this  treaty 
will  be  found  in  the  next  chapter.  The  treaty  of  alliance, 
besides  containing  a  guaranty  of  possession  to  a  certain  ex- 
tent, declared  that  arms  should  not  be  laid  down  till  the  in- 
dependence   of  America   was   secured.*     Thus  did  France 

*  TREATY  OF  AMITY  AND  COMMERCE. 

"  The  most  Christian  King,  and  the  thirteen  United  States  of  North 
Amsrica,  to  wit :  New-Hampshire,  Massachusetts  Bay,  Rhode  Island, 
Connecticut,  New- York,  New-Jersey,  Pennsylvauia,  Delaware,  Ma- 


mh 


TBCATieS    OF    '78    WITH    rHANCC. 


39 


acquire  the  signal  honour  of  having  been  the  first  power  in 
the  old  world  to  recognise  the  independence  of  a  youthful 
nation  in  the  new.*        «,  '  :  .>•   -. .    .^   ..i«. 

ryland,  Virginia,  North  Carolina,  Houth  Carolina,  and  Oeorgin,  willing 
to  fix  in  nn  oquitnbie  and  permanent  manner,  tlio  rules  which  ought 
to  be  followed  relative  to  the  corroapondonce  and  coinmerco  which 
the  two  porties  desire  to  establish,  between  their  respective  countries, 
states,  and  subjects,  his  nioMt  christian  majesty  and  the  said  United 
States,  have  judged  that  the  said  end  could  not  be  better  obtained 
than  by  taking,  for  the  basis  of  their  agreement,  the  most  perfect 
equality  and  reciprocity,  and  by  carefully  avoiding  all  those  burthen- 
sbme  preferences,  which  are  usually  sources  of  debate,  endmrrassment 
and  discontent;  by  leaving  also  each  party  ut  liberty  to  make,  respect- 
ing commerce  and  navigation,  those  interior  regulations  which  it  shall 
find  most  convenient  to  itself;  and  by  founding  the  advantage  of  com- 
merce solely  upon  reciprocal  utility,  and  the  just  rules  of  free  inter- 
course ;  reserving  withal  to  each  party  the  liberty  of  admitting  at  its 
pleasure,  other  nations  to  a  participation  of  the  same  advantages.  It 
is  in  the  spirit  of  this  intention,  and  to  fulfd  these  views,  that  his  said 
Majesty,  having  named  and  appointed  for  his  ])lenipotentiary,  Conrad 
Alexander  Gerard,  royal  syndic  of  the  city  of  Strasbourg,  Secretary  of 
his  Majesty's  council  of  state;  and  the  United  States  on  their  port, 
having  fully  empowered  Benjamin  Franklin,  deputy  from  the  State  of 
Pennsylvania  to  the  General  Congress,  and  president  of  the  conven- 
tion of  said  State  ;  Silas  Deanc,  late  deputy  from  the  State  of  Connec- 
ticut to  the  said  Congress,  and  Arthur  I^cc,  counsellor  at  law;  tho 
said  respective  plenipotentiaries,  after  exchanging  their  powers,  and 
aAer  mature  deliberation,  have  concluded  and  agreed  upon  the  fol- 
lowing articles  : 

"  Art.  1.  There  shall  be  a  firu),  inviolable  and  universal  peace,  and 
a  true  and  sincere  friendship  between  the  most  Christian  King,  his 

*  VVc  extract  from  a  French  writer  of  eminence,  a  brief  account  of 
M.  de  Vergennes  : — "  M.  de  Vergennes  died  with  calmness  ot  the  age 
of  sixty-eight,  in  February  '87.  This  minister  did  not  pride  himself 
on  making  a  great  figure  in  politics.  lie  possessed  good  sense,  wis- 
dom and  moderation,  particularly  what  is  called  a  good  method,  the 
fruit  of  fifty  years'  experience.  To  temporize  was  the  principal  re- 
source of  this  minister.  He  showed  a  want  of  address  in  seizing  tho 
opportunity  of  the  American  Revolution  to  humiliate  England.  The 
American  war  exhausted  the  finances  of  the  kingdom,  and  disturbed 
the  ancient  system  of  subordiaatiou." 


7 


40 


TREATIES    OF    '78    WITH    FRANCE. 


The  treaty  was  not  ratified  precisely  as  concluded,  the 
original  11th  and  12th  articles  being  stricken  out.  The 
11th   article  conceded  to  the  United  States  a  perpetual  pri- 

heirs  and  successors,  and  the  United  States  of  America  ;  and  the  sub- 
jects of  the  most  Christian  King,  and  of  the  said  States;  and  between 
the  countries,  islands,  cities  and  towns,  situate  under  the  jurisdiction 
of  the  most  Christian  King,  and  of  the  said  United  States,  and  the 
people  and  inhabitants  of  every  degree,  without  exception  of  persons 
or  places ;  and  the  terms  hereinafter  mentioned  shall  be  perpetual 
between  the  most  Christian  King,  his  heirs  and  successors,  and  the 
said  United  States.  i  ..'■■-  i 

"  Art.  2.  The  most  Christian  King,  and  the  United  States  engage 
mutually  not  to  grant  any  particular  favour  to  other  nations,  in  respect 
of  commerce  and  navigation,  which  sliall  not  immediately  become 
common  to  the  other  party,  who  shall  enjoy  the  same  favour,  freely, 
if  the  concession  was  freely  made,  or  on  allowing  the  same  compensa- 
tion, if  the  concession  was  conditional. 

"  Art.  3.  The  subjects  of  the  most  Christian  King  shall  pay  in  the 
ports,  havens,  roads,  countries,  islands,  cities  or  towns,  of  the  United 
States,  or  any  of  them,  no  other  or  greater  duties,  or  imposts,  of  what 
nature  soever  they  be,  or  by  what  name  soever  called,  than  those 
which  the  nations  most  favoured  are,  or  shall  be  obliged  to  pay  ;  and 
they  shall  enjoy  all  the  rights,  liberties,  privileges,  immunities  and 
exemptions  in  trade,  navigation  and  commerce,  whether  in  passing 
from  one  port  in  the  said  states  to  another,  or  in  going  to  and  from 
the  same,  from  and  to  any  part  of  the  world,  which  the  said  nations 
do  or  shall  enjoy. 

"  Art.  4.  The  subjects,  people  and  inhabitants  of  the  said  United 
States,  and  each  of  them,  shall  not  pay  in  the  ports,  havens,  roads, 
i«les,  cities  and  places  under  the  domination  of  his  most  Christian 
Majesty,  in  Europe,  any  other  or  greater  duties  or  imposts,  of  what 
nature  soever  they  may  be,  or  by  what  name  soever  called,  than  those 
■which  the  most  favoured  nations  are  or  shall  be  obliged  to  pay ;  and 
they  shall  enjoy  all  the  rights,  liberties,  privileges,  immunities  and  ex- 
emptions in  trade,  navigation  and  commerce,  whether  in  passing  from 
one  port  in  the  said  dominions,  in  Europe,  to  another,  or  in  going  to 
and  from  the  same,  from  and  to  any  part  of  the  world,  which  the  said 
nations  do  or  shall  enjoy. 

"  Art.  5.  In  the  above  exemption  is  particularly  comprised  the  im- 
position of  one  hundred  sols  per  ton,  established  in  France  on  foreign 
ships ;  unless  when  the  ships  of  ihe  United  States  shall  load  with  the 
merchandise  of  Franco  for  another  port  of  the  same  dominion,  in 


TREATIES    OF     '78    WITH    FRANCE.  HI 

vilege  of  importing,  from  the  French  West  India  possessions, 
molasses  without  being  subject  to  any  sort  of  duty  on  expor- 
tation, but,   as  a  compensation  for  this  exemption,  it  was 

which  case  the  said  ships  shall  pay  the  duty  above  mentioned  so  long 
as  other  nations,  the  most  favoured,  shall  be  obliged  lo  pay  it.  But  it 
is  understood  that  the  said  United  States  or  any  of  them,  are  at  liberty, 
when  they  shall  judj;e  it  proper,  to  establish  a  duty  equivalent  in  the 
same  case. 

"  Art.  G.  The  most  Christian  King  shall  endeavour,  by  all  the 
means  in  his  power,  to  protect  and  defend  all  vessels  and  the  effects 
belonging  to  the  subjects,  people,  or  inhabitants  of  the  said  United 
States,  or  any  of  them,  being  in  his  ports,  havens,  or  roads,  or  on  the 
seas  near  to  his  countries,  islands,  cities,  or  towns,  and  to  recover  and 
restore  to  the  right  owners,  their  agents,  or  attorneys,  all  such  vessels 
and  effects,  which  shtiU  be  taken  within  bis  jurisdiction ;  and  the 
ships  of  war  of  his  most  Christian  Majesty,  or  any  convoy  sailing  uu* 
der  his  author ry,  shall,  upon  all  occasions,  take  under  their  protection 
all  vessels  belonging  to  the  subjects,  people  or  inhabitants  of  the  said 
United  States,  or  any  of  rhem,  and  holding  the  same  course,  or  going 
the  same  way,  and  shall  defend  such  vessels  as  long  as  they  hold  the 
same  course,  or  go  the  same  way,  against  all  attacks,  force  and  vio- 
lence, in  the  same  manner  as  they  ought  to  protect  and  defend  the 
vessels  belonging  to  the  subjects  of  the  most  Christian  King. 

''  Art.  7.  In  like  manner,  the  said  United  States,  and  their  ships  of 
war,  sailing  under  their  authority,  shall  protect  and  defend,  conform- 
able to  the  tenor  of  the  preceding  article,  all  the  vessels  and  effects 
belonging  to  the  subjects  of  the  most  Christian  King,  and  use  alt  their 
endeavours  to  rt-cover,  and  cause  to  be  restored,  the  said  vessels  and 
effects  that  shall  have  been  taken  within  the  jurisdiction  of  the  said 
United  St.itcs,  or  any  of  them. 

"  Art.  8.  The  most  Christian  King  will  employ  his  good  offices  and 
interposition  with  the  king  or  emperor  of  Morocco  or  B'ez,  the  regen- 
cies of  Algier,  Tunis  and  Tripoli,  or  with  any  of  them  ;  and  also  with 
every  other  prince,  state  or  power,  of  the  coast  of  Barbary,  in  Africa, 
and  the  subjects  of  the  said  king,  emperor,  states  and  powers,  and 
each  of  them,  in  order  to  provide  as  fully  and  efficaciously  as  possible 
for  the  benefit,  conveniency  and  safety  of  the  said  United  States,  and 
each  of  them,  their  subjects,  people  and  iniiabitants,  and  their  vessels 
and  effects,  against  all  violence,  insult,  attacks  or  depredations,  on  the 
part  of  the  said  princes  and  states  of  Barbary,  or  their  subjects. 

"  Art.  J).    The   subjects,   inhabitants,   merchants,  commanders  of 
ships,  masters  and  mariners,  of  the  states,  provinces  and  dominions  of 
VOL.    I.  6 


..-.»>•  V-  ■ 


42 


TREATIES    OF    '78    WITH     FRANCE. 


^J^^^-^' 


-\tl?-*     " 


agreed,  that  no  duties  should  ever  be  imposed  on  the  ex- 
portation of  any  kind  of  merchandise,  which  the  French  may 
take  from  the  present  or  future  possessions  of  the  United 

each  party  respectively,  shall  abstain  and  forbear  to  fish  in  all  places 
possessed,  or  which  shall  be  possessed,  by  the  other  party ;  the  most 
Christian  King's  subjects  shall  not  fish  in  the  havens,  bays,  creeks, 
roads,  coasts  or  places,  which  the  said  United  States  hold,  or  shall 
hereafter  hold,  and  in  like  manner,  the  subjects,  people  and  inhabi* 
tahts  of  the  said  United  States,  shall  not  fish  in  the  havens,  bays, 
creeks,  roads,  coasts  or  places,  which  the  most  Christion  King  pos- 
sesses, or  shall  hereafter  possess ;  and  if  any  ship  or  vessel  shall  be 
found  fishing  contrary  to  the  tenor  of  this  treaty,  the  said  ship  or  veji- 
sel,  with  its  lading,  proof  being  made  thereof,  shall  be  confiscated  ;  it 
is  however  understood  that  the  exclusion  stipulated  in  the  present  ar- 
ticle, shall  take  place  only  so  long  and  so  far  as  the  most  Christian 
King,  or  the  United  States,  shall  not  in  this  respect  have  granted  an 
exemption  to  some  other  nation. 

"Art.  10.  The  United  States,  their  citizens  and  inhabitants,  shall 
never  disturb  the  subjects  of  the  most  Christian  King  in  the  enjoy- 
ment and  exercise  of  the  right  of  fisliing  on  the  banks  of  Newfound- 
land, nor  in  the  indefinite  and  exclusive  right  which  belongs  to  them 
on  that  part  of  the  coast  of  that  island  which  is  designed  by  the  treaty 
of  Utrecht,  nor  in  the  rights  relative  to  all  and  each  of  the  isles  which 
belong  to  his  most  Christian  Majesty,  the  whole  conformable  to  the 
true  sense  of  the  treaties  of  Utrecht  and  Paris. 

"  Art.  11.  The  subjects  and  inhabitants  of  the  said  United  States, 
or  any  one  of  them,  shall  not  be  reputed  aubains  in  France,  and  con- 
sequently shall  be  exempted  from  the  droit  d^aubaine,  or  other  similar 
duty,  under  what  name  soever.  They  may,  by  testament,  donation 
or  otherwise,  dispose  of  their  goods,  moveable  and  immovable,  in  fa- 
vour of  such  persons  as  to  them  shall  seem  good,  and  their  heirs,  sub- 
jects of  the  said  United  States,  residing  whether  in  France  or  else- 
where, may  succeed  them  ab  intestat,  without  being  obliged  to  obtain 
letters  of  naturalization,  and  without  having  the  effect  of  this  conces- 
sion contested  or  impeded  under  pretext  of  any  rights  or  prer.  ^atives 
of  provinces,  cities  or  private  persons ;  and  the  said  heirs,  whether 
such  by  particular  title,  or  ah  intestat,  shall  be  exempt  from  all  duty 
called  droit  de  detraction,  or  other  duty  of  the  same  kind,  saving  never- 
theless the  local  rights  or  duties  as  much,  and  as  long  as  similar  ones 
arc  not  established  by  the  United  States,  or  any  of  them.  The  sub- 
jects of  the  most  Christian  King  shall  enjoy  on  their  part  in  all  the 


flM 


iiii.; 


TREATIES     OF     '78     WITH     FRANCE. 


43 


States  for  the  use  of  the  islands,  that  furnished  molasses.  In 
1778,  molasses  was  an  article,  much  more  important  than  at 
present,  for  consumption,  but  particularly  for  distillation,  and 

dominions  of  tlie  said  states,  an  entire  and  [)erfect  reciprocity  relative 
to  the  stipulations  contained  in  the  present  article,  but  it  is  at  the  same 
time  agreed  that  its  contents  shall  not  affect  the  laws  made,  or  that 
may  be  made  hereafter  in  Franco  against  emigrations,  which  shall 
remain  in  all  their  force  and  vigour,  and  the  United  States  on  their 
part,  or  any  of  them,  shall  be  at  liberty  to  enact  such  laws,  relative  to 
that  matter,  as  to  thorn  shall  seem  proper. 

"  Art.  12.  The  merchant  ships  of  either  of  the  parties  which  shall 
be  making  into  a  port  belonging  to  the  enemy  of  the  other  ally,  and 
concerning  whose  voyage,  and  the  species  of  goods  on  board  her, 
there  shall  be  just  grounds  of  suspicion,  shall  be  obliged  to  exhibit,  as 
well  upon  the  high  seas,  as  in  the  ports  and  havens,  not  only  her  pass- 
ports, but  likewise  certificates,  expressly  showing  that  her  goods  are 
not  of  the  number  of  those  which  have  been  prohibited  as  contraband. 

"  Art.  13.  If  by  the  exhibiting  of  the  abovesaid  certificates,  the 
other  party  discover  there  are  any  of  those  sorts  of  goods  which  arc 
prohibited  and  declared  contraband,  and  consigned  for  a  port  under 
the  obedience  of  his  enemies,  it  shall  not  be  lawful  to  break  up  the 
hatches  of  such  ship,  or  to  open  any  chest,  coffers,  packs,  casks  or  any 
other  vessels  found  therein,  or  to  remove  the  smallest  parcels  of  her 
goods,  whether  such  ship  belongs  to  the  subjects  of  France,  or  the  in- 
habitants of  the  said  United  States,  unless  the  lading  be  brought  on 
shore  in  the  presence  of  the  officers  of  the  court  of  admiralty,  and  an 
inventory  thereof  made  ;  but  there  shall  be  no  allowance  to  sell,  ex- 
change or  alienate  the  same,  in  any  manner,  until  after  that  due  and 
lawful  process  shall  have  been  had  against  such  ])rohibitcd  goods,  and 
the  court  of  admiralty  shall,  by  a  sentence  pronounced,  have  confiscat- 
ed the  same:  saving  always  as  well  the  ship  itself  as  any  otber  goods 
found  therein,  which  by  this  treaty  are  to  be  esteemed  free,  leither 
may  they  be  detained  on  pretence  of  their  being  as  it  were  infected 
by  the  prohibited  goods,  much  less  shall  they  be  confiscated,  as  law- 
ful prize:  but  if  not  the  whole  cargo,  but  only  part  thereof  shall  con- 
sist of  prohibited  or  controband  goods,  and  the  commander  of  the  ship 
shall  be  ready  and  willing  to  deliver  them  to  the  captor,  who  has  dis- 
covered them,  in  such  case,  the  captor  having  received  tliose  goods, 
shall  forthwith  discharge  the  ship,  and  not  hinder  her  by  any  means, 
freely  to  prosecute  the  voyage  on  which  she  was  hound.  Hut  in  cuse 
the  contraband  merchandises  cannot  be  all  received  on  board  the  vcs- 


"-^ 


44 


TREATIES     or     '78    WITH     FRANCE. 


was  one  of  the  principal  sources  of  trade  of  the  commercial 
part  of  the  nation.  The  remarkable  changes  in  trade,  in 
consumption,  the  introduction  of  sugar  and  the  use  of  other 

sel  of  the  captor,  then  the  enptor  may,  notwithstanding  the  offer  of 
delivering  him  the  contraband  goods,  carry  the  vessel  into  the  nearest 
port,  agreeable  to  what  is  above  directed. 

"Art.  14.  On  the  contrary,  it  is  agreed,  that  whatever  shall  be 
found  to  be  laden  by  the  subjects  and  iuhabitants  of  either  party  on 
any  ship  belonging  to  the  enemies  of  the  other,  or  to  their  subjects, 
the  whole,  although  it  be  not  of  the  sort  of  prohibited  goods,  may  be 
confiscated  in  the  same  manner  as  if  it  belonged  to  the  enemy,  except 
such  goods  and  merchandises  as  were  put  on  board  such  ship  before 
the  declaration  of  war,  or  even  after  such  declaration,  if  so  be,  it  were 
done  without  knowledge  of  such  declaration,  so  that  the  goods  of  the 
subjects  and  people  of  either  party,  whether  they  be  of  the  nature  of 
such  as  are  prohibited  or  otherwise,  which  as  is  aforesaid,  were  put 
on  board  any  ship  belonging  to  nn  enemy  before  the  war  or  alYer  the 
declaration  of  the  same,  without  the  knowledge  of  it,  shall  no  ways  be 
liable  to  confiscation,  but  shall  well  and  truly  be  restored  without  de- 
lay to  the  proprietors  demanding  the  same  ;  but  so  as  that  if  the  said 
merchandises  be  contraband,  it  shall  not  be  any  ways  lawful  to  carry 
them  afterwards  to  any  ports  belonging  to  the  enemy.  The  two  con- 
tracting parties  agree,  that  the  term  of  two  months  being  passed  after 
the  declaration  of  war,  their  respective  subjects,  from  whatever  part 
of  the  world  they  come,  shall  not  plead  the  ignorance  mentioned  in 
this  article. 

♦*  Art.  15.  And  that  more  effectual  care  may  be  taken  for  the  secu- 
rity of  the  subjects  and  inhabitants  of  both  parties,  that  they  sufier  no 
injury  by  the  men  of  war  or  privateers  of  the  other  party,  all  the  com- 
manders of  the  ships  of  his  most  Christian  Majesty,  and  of  the  said 
United  States,  and  all  their  subjects  and  inhabitants,  shall  be  forbid 
doing  any  injury  or  damage  to  the  other  side  ;  and  if  they  act  to  the 
contrary,  they  shall  be  punished,  and  shall  moreover  be  bound  to 
make  satisfaction  for  all  matter  of  damage,  and  the  interest  thereof, 
by  reparation,  under  the  pain  and  obligation  of  their  person  and 
goods. 

"  Art.  16.  All  ships  and  merchandises  of  what  nature  soever, 
which  shall  be  rescued  out  of  the  hands  of  any  pirates  or  robbers  on 
the  high  seas,  shall  be  brought  into  some  port  of  either  state,  and  shall 
be  delivered  to  the  custody  of  the  officers  of  that  port,  in  order  to  he 
restored  entire  to  the  true  proprietor,  as  soon  as  due  and  sufficient 
proof  shall  be  made  concerning  the  property  thereof. 


i^ 


/ 

>  •  ■ 

k 

TREATIES     OF    »78     WITH     FRANCE. 

45 

''t' 

articles  for  distilleries,  were  not  then  anticipated  ;  and,  as  it 
was  naturally  supposed  that  Great  Britain,  on  a  return  of 
peace,  might  subject  an  intercourse  with  her  West  India  pos- 

"  Art.  17.  It  shall  be  lawful  for  the  ships  of  war  of  either  party, 
and  privateers,  freely  to  carry  whithersoever  they  please,  the  ships 
and  goods  taken  from  their  enemies,  without  being  obliged  to  pay  any 
duty  to  the  officers  of  the  admiralty  or  any  other  judges  ;  nor  shall 
such  prizes  be  arrested  or  seized  when  they  come  to  or  enter  the  ports 
of  either  party ;  nor  shall  the  searchers  or  other  officers  of  those 
places  search  the  same,  or  make  examination  concerning  the  lawful- 
ness of  such  prizes ;  but  they  may  hoist  sail  at  any  time,  and  depart 
and  carry  their  prizes  to  the  places  expressed  in  their  commissions, 
which  the  commanders  of  such  ships  of  war  shall  be  obliged  to  show : 
on  the  contrary,  no  shelter  or  refuge  shall  be  given  in  their  ports  to 
such  as  shall  have  made  prize  of  the  subjects,  people  or  property  of 
either  of  the  parties  ;  but  if  such  shall  come  in,  being  forced  by  stress 
of  weather,  or  the  danger  of  the  sea,  all  proper  means  shall  be  vigor- 
ously used,  that  they  go  out  and  retire  from  thence  us  soon  as  possible. 

"  Art.  18.  If  ony  ship  belonging  to  either  of  the  parties,  their  people 
or  subjects,  shall,  within  the  coasts  or  dominions  of  the  other,  stick 
upon  the  sands,  or  be  wrecked,  or  suffer  any  other  damage,  all  friendly 
assistance  and  relief  shall  be  given  to  the  persons  shipwrecked,  or 
such  as  shall  be  in  danger  thereof.  And  letters  of  safe  conduct  shall 
likewise  be  given  to  them  for  their  free  and  quiet  passage  from 
thence,  and  the  return  of  every  one  to  his  own  country. 

**  Art.  19.  In  case  the  subjects  and  inhabitants  of  either  party, 
with  their  shipping,  whether  public  and  of  war,  or  private  and  of  mer- 
chants, be  forced  through  stress  of  weather,  pursuit  of  pirates  or  ene- 
mies, or  any  other  urgent  necessity  for  seeking  of  shelter  and  harbour, 
to  retreat  and  enter  into  any  of  the  rivers,  bays,  roads  or  ports  belong- 
ing to  the  other  party,  they  shall  be  received  and  treated  with  all  hu- 
manity and  kindness,  and  enjoy  all  friendly  protection  and  help ;  and 
they  shall  be  permitted  to  refresh  and  provide  themselves,  at  reasona- 
ble rates,  with  victuals  and  all  things  needful  for  the  sustenance  of 
their  persons,  or  reparation  of  their  ships,  and  conveniency  of  their 
voyage  ;  and  they  shall  no  ways  be  detained  or  hindered  from  return- 
ing out  of  the  said  ports  or  roads,  but  may  remove  and  depart  when 
and  whither  they  please,  without  any  let  or  hindrance. 

"  Art.  20.  For  the  better  promoting  of  commerce  on  both  sides,  it 
is  agreed,  that  if  a  war  shall  break  out  between  the  said  two  nations, 
six  months  after  the  proclamation  of  war  shall  be  allowed  to  the  mer- 


46 


TREATIES    OF    '78     WITH     FRANCE. 


sessions  to  some  disabilities,  a  perpetual  supply  of  molasses 
was  secured  under  this  stipulation  from  the  French  islands. 
But  it  was  an  indiscreet,  hasty  and  unequal  provision.     The 

chants  in  the  cities  and  towns  where  they  live,  for  selling  and  trans- 
porting their  goods  and  merchandises  ;  and  if  any  thing  bo  taken  from 
them,  or  any  injury  be  done  them  witiiin  that  term,  by  either  party,  or 
the  people,  or  subjects  of  either,  full  satisfaction  shall  be  made  for  the 
■ante. 

"  Art.  21.  No  subjects  of  the  most  Christian  King  shall  apply  for 
or  take  any  commit  jion,  or  letters  of  marque,  for  arming  any  ship  or 
ships  to  act  as  privateers  against  the  said  United  States,  or  any  of  them, 
or  against  the  subjects,  people,  or  inhabitants  of  the  said  United  States, 
or  any  of  them,  or  against  the  property  of  any  of  the  inhabitants  of 
any  of  them,  from  any  prince  or  state  with  which  the  said  United 
States  shall  be  at  war ;  nor  shall  any  citizen,  subject,  or  inhabitant  of 
the  said  United  States,  or  any  of  them,  apply  for  or  take  any  commis* 
sion  or  letters  of  marque  for  arming  any  sljip  or  ships,  to  act  as  priva- 
teers against  the  subjects  of  the  most  Christian  King,  or  any  of  them, 
or  the  property  of  any  of  them,  from  any  prince  or  state  with  which 
the  said  king  shall  be  at  war;  and  if  any  person  of  either  nation  shall 
take  such  commissions  or  letters  of  marque,  he  sliall  be  punished  as  a 
pirate. 

"  Art.  22.  It  shall  not  be  lawful  for  any  foreign  privateers,  not  be- 
longing to  subjects  of  the  most  Christian  King,  nor  citizens  of  the  said 
United  States,  who  have  commissions  from  any  otijer  prince  or  state 
in  enmity  with  either  nation,  to  fit  their  ships  in  the  ports  of  either  the 
one  or  the  other  of  the  aforesaid  parties,  to  sell  what  they  have  taken, 
or  in  any  other  manner  whatsoever  to  exchange  their  ships,  merchan- 
dises, or  any  other  lading;  neither  shall  they  be  allowed  even  to  pur- 
chase victuals,  except  such  os  shall  be  necessary  for  their  going  to  the 
next  port  of  that  prince  or  state  from  which  they  have  commissions. 

"  Art.  23.  It  shall  be  lawful  for  all  and  singular  the  subjects  of  the 
most  Christian  King,  and  the  citizens,  people  and  inhabitants  of  the 
said  United  States,  to  sail  with  their  ships  with  all  manner  of  liberty 
and  security,  no  distinction  being  made  wiio  are  the  proprietors  of  the 
merchandises  laden  thereon,  from  any  port  to  the  places  of  those  who 
now  are  or  hereafter  shall  be  at  enmity  with  the  most  Christian  King, 
or  the  United  States.  It  shall  likewise  be  lawful  for  the  sul)jects  and 
inhabitants  aforesaid,  to  sail  with  the  shijjs  and  merchandises  afore- 
mentioned, and  to  trade  with  the  same  liberty  and  security  from  the 
places,  ports  and  havens  of  those  who  are  enemies  of  both  or  either 


TREATIES    OF    '78    WITH    FRANCE. 


47 


Americans  might  have  had  the  carrying  of  the  molasses,  a 
single  article  of  export  from  the  islands,  upon  which  no  du- 
ties could  be  imposed,  but  France,  by  a  slight  discriminating 

party,  without  any  opposition  or  disturbance  whatsoever,  not  only  di- 
rectly from  tiie  places  of  the  enemy  aforementioned  to  neutral  places, 
but  also  from  one  place  belonging  to  an  enemy,  to  another  place  be- 
longing to  an  enemy,  whether  they  be  under  the  jurisdiction  of  the 
same  prince,  or  under  several.  And  it  is  hereby  stipulated,  that  free 
ships  shall  also  give  u  freedom  to  goods,  and  that  every  thing  shall  bo 
deemed  to  be  free  and  exempt  which  shall  be  found  on  board  the  ships 
belonging  to  the  subjects  of  either  of  the  confederates,  although  the 
whole  lading,  or  any  other  part  thereof  should  appertain  to  the  ene- 
mies of  either,  contraband  goods  being  always  excepted.  It  is  also 
agreed  in  like  manner,  that  the  same  liberty  be  extended  to  persons 
who  are  on  board  a  free  ship,  with  this  eilect,  that  although  they  be 
enemies  to  both  or  either  party,  they  arc  not  to  be  taken  out  of  that 
free  ship,  unless  they  are  soldiers  and  in  actual  service  of  the  enemies. 
"Art.  24.  This  liberty  of  navigation  and  commerce  shall  extend  to 
all  kinds  of  merchandises,  excepting  those  only  which  are  distinguish- 
ed by  the  name  of  contraband,  and  under  this  name  of  contraband,  or 
prohibited  goods,  shall  be  comprehended  arms,  great  guns,  bombs 
with  the  fusees,  and  other  tilings  belonging  to  them,  cannon-ball,  gun- 
l)owder,  match,  pikes,  swords,  lances,  spears,  halberds,  mortars,  pe- 
tards, granades,  saltpetre,  muskets,  musket-ball,  bucklers,  helmets, 
breast  plates,  coats  of  mail,  and  the  like  kinds  of  arms,  proper  for  arm- 
ing soldiers,  musket-rests,  belts,  horses  with  their  furniture,  and  all 
other  warlike  instruments  whatever.  These  merchandises  which  fol- 
low, shall  not  be  reckoned  among  contraband  or  prohibited  goods ; 
that  is  to  say,  all  sorts  of  cloths,  and  all  other  manufactures,  woven  of 
any  wool,  flax,  silk,  cotton,  or  any  other  materials  whatever,  all  kinds 
of  wearing  apparel,  together  with  the  species  whereof  they  are  used 
to  be  made,  gold  and  silver,  as  well  coined  as  uncoined,  tin,  iron, 
latten,  copper,  brass,  coals  ;  as  also  wheat  and  barley,  and  any  other 
kind  of  corn  and  pulse  ;  tobacco,  and  likewise  all  manner  of  spices; 
salted  and  stnoked  flesh,  salted  fish,  cheese  and  butter,  beer,  oils, 
wines,  sugars,  and  all  sorts  of  salts  ;  and  in  general  all  provisions 
which  serve  for  the  nourishment  of  mankind  and  the  sustenance  of 
life;  furthermore,  all  kinds  of  cotton,  hemp,  flax,  tar,  pitch,  ropes,  ca- 
bles, sails,  sail  cloths,  anchors,  and  any  parts  of  anchors,  also  ships' 
masts,  planks,  boards  and  beams  of  what  trees  soever  ;  and  all  other 
things  proper  either  for  building  or  repairing  ships,  and  all  other 


aA. 


•M- 


,*..^   i 


~r"f 


48 


TREATIES  OP  '78  WITH  FRANCE. 


duty  in  favour  of  her  own  vessels,  could  have  secured  the 
whole  trade  from  the  United  States  to  the  islands.  The 
provision,  it  will  be  observed,  applied  only  to  the  cargoes. 

goods  whatever  which  have  not  heen  worked  into  the  form  of  any 
instrument  or  thing  prepared  for  war  by  land  or  by  sea,  shall  not  bo 
reputed  contraband,  much  less  such  as  have  been  already  wrought 
and  made  up  for  any  other  use  :  all  which  shall  be  wholly  reckoned 
among  free  goods;  as  likewise  all  other  merchandises  and  things 
which  are  not  comprehended  and  particularly  mentioned  in  the  fore- 
going enumeration  of  contraband  goods ;  so  that  they  may  be  trans- 
ported and  carried  in  the  freest  manner  by  the  subjects  of  both  con- 
federates, even  to  places  belonging  to  an  enemy,  such  towns  or  places 
being  only  excepted,  as  are  at  that  time  besieged,  blocked  up  or  in- 
vested. 

"  Art.  25.  To  the  end  that  all  manner  of  dissensions  and  quarrels 
may  be  avoided  and  |)revcntcd,  on  one  side  and  the  other,  it  is  agreed, 
1 !'  r  fWs,  *'"** '"  '''*^®  either  of  the  parties  hereto  should  be  engaged  in  war,  the 

ships  and  vessels  belonging  to  the  subjects  or  people  of  the  other  ally, 
must  be  furnished  with  sea  letters  or  passports,  expressing  the  name, 
property,  and  bulk  of  the  ship,  as  also  the  name  and  place  of  habita- 
'  tion  of  the  master  or  commander  of  the  said  ship,  that  it  may  appear 

thereby  that  the  ship  really  and  truly  belongs  to  the  subjects  ofoTie  of 
the  parties,  which  passport  shall  be  made  out  and  granted  according 
to  the  form  a::nexed  to  this  treaty;  they  shall  likewise  be  retailed 
•  every  year,  that  is,  if  the  ship  happens  to  return  home  within  the  s^)ace 

of  a  year.  It  is  likewise  agreed,  that  such  ships  being  laden  are  to  be 
provided  not  only  with  passports  as  abovementioned,  but  also  with 
certificates,  containing  the  several  particulars  of  the  cargo,  the  place 
whence  the  ship  sailed,  and  whither  she  is  bound,  that  so  it  may  be 
known  whether  any  forbidden  or  contraband  goods  be  on  board  the 
same ;  which  certificates  shall  be  made  out  by  the  officers  of  the 
place  whence  the  ship  set  sail,  in  the  accustomed  form  ;  and  if  any 
one  shall  think  it  fit  or  advisable  to  express  in  the  said  certificates,  the 
person  to  whom  the  goods  on  board  belong,  he  may  freely  do  so. 

"AuT.  2G.  The  ships  of  the  subjects  and  inhabitants  of  either  of 
the  parties,  coming  upon  any  coasts  belonging  to  either  of  the  said 
allies,  but  not  willing  to  enter  into  port,  or  being  entered  into  port,  and 
not  willing  to  unload  their  cargoes  or  break  bulk,  they  shall  be  treated 
I  according  to  the  general  rules  prescribed  or  to  be  prescribed,  relative 

to  the  object  in  question. 

*'AaT.  27.  If  the  ships  of  the  said  subjects  people,  or  inhabitants  of 


TREATIES    or     '78    WITH     FRANCE. 


49 


This  article  was  the  only  departure  of  any  importance  from 
the  instructions  of  the  Commissioners,  and  it  was  probably 
effected  by  the  influence  of  Dr.  Franklin,  doubtless  aided 

either  of  the  parties  shall  be  met  with,  either  sailing  along  the  coasts 
or  on  the  high  sens,  by  any  ship  of  war  of  the  other,  or  by  any  priva- 
teers, the  said  ships  of  war  or  privateers,  for  the  avoiding  of  any  dis- 
order, shall  remain  out  of  cannon  shot,  and  may  send  their  boats 
aboard  the  merchant  ship  which  they  shall  so  meet  with,  and  may  en- 
ter her  to  the  number  of  two  or  three  men  only,  to  whom  the  master 
or  commander  of  such  ship  or  vessel  shall  exhibit  his  passport  con- 
eerning  the  property  of  the  ship,  made  out  according  to  the  form  in- 
serted in  this  present  treaty,  and  the  ship,  when  she  shall  have  show- 
ed such  passport,  shall  be  free  and  at  liberty  to  pursue  her  voyage,  so 
OS  it  shall  not  be  lawful  to  molest  or  search  her  in  any  manner,  or  to 
give  her  chase,  or  force  her  to  quit  her  intended  course. 

"  Art.  28.  It  is  also  agreed,  thut  all  goods  when  once  put  on  board 
the  ships  or  vessels  of  either  of  the  two  contracting  parties,  shall  be 
subject  to  no  further  visitation ;  but  all  visitation  or  search  shall  bo 
made  beforehand,  ond  all  prohibited  goods  shall  be  stopped  on  the 
spot,  before  the  same  be  put  on  board,  unless  there  are  manifest  tokens 
or  proofs  of  fraudulent  practice  ;  nor  slinll  either  the  persons  or  guods 
of  the  subjects  of  his  most  Christian  Majesty  or  the  United  States,  be 
put  under  any  arrest  or  molested  by  any  other  kind  of  embargo  for 
that  cause  ;  and  only  the  subject  of  tiiat  state  to  whom  the  said  goods 
have  been  or  shall  be  prohibited,  and  who  shall  presume  to  sell  or 
alienate  such  sort  of  goods,  shall  be  duly  punished  for  the  offence. 

"Art.  29.  The  two  contracting  parties  grant  mutually  the  liberty 
of  having  each  in  the  ports  of  the  other,  consuls,  vice  consuls,  agents, 
and  commissaries,  whose  functions  shall  be  regulated  by  a  particular 
agreement. 

"  Art.  30.  And  the  more  to  favour  and  facilitate  the  commerce 
which  the  subjects  of  the  United  States  may  have  with  France,  the 
most  Christian  King  will  grant  them  in  Europe  one  or  more  free 
ports,  where  they  may  bring  and  dispose  of  all  the  produce  and  mer- 
chandise of  the  thirteen  United  States  ;  and  his  Majesty  will  also  con- 
tinue to  the  subjects  of  the  said  states,  the  free  ports  which  have  been 
and  are  open  in  the  French  islands  of  America:  of  all  which  free  ports 
the  said  subjects  of  the  United  States  shall  enjoy  the  use,  agreeable  to 
the  regulations  which  relate  to  ihcm. 

"  Art.  31.  The  present  treaty  shall  be  ratified  on  both  sides^and  the 

VOL.    I.  7 


t, 


:  yyyw/iA'^^^^-^  } 


'".-V-*— • 


■~,y~A/r 


i 


99  TREATIES    OP    '78    WITH     FRANCE. 

in  the  business  by  Mr.  Deane.  The  other  Commissioner, 
Mr.  Lee,  being  opposed  to  it,  (together  with  Mr.  Izard,  Com- 
missioner for  the  Italian  States,  in  Paris  at  the  time  the  trea- 

'atifications  tiliall  be  exchanged  in  the  epaco  of  six  months,  or  sooner 
if  |H)88ible. 

"In  faith  whereof  the  respective  plenipotentiaries  have  sigined  the 
above  articles,  both  in  the  French  and  English  languages,  declar- 
ing nevertheless,  that  the  present  treaty  was  originally  composed 
and  concluded  in  the  French  language,  and  they  have  thereto 
affixed  their  seals. 
"Done  at  Paris,  this  sixth  day  of  February,  one  thousand  seven 
hundred  and  seventy-eight. 

*'C.  A.  Gerard,  [l.  s.] 

*'B.  Franklin,    [l.  ».] 

I.  *  <i  gix.As  Drank,    [l.  s.] 

"Arthur  Lee.    [l.  b.]" 


0. 


■Jf 


-A 


TREATY  OF   ALLIANCE. 

'  "  The  most  Christian  King  and  the  United  States  of  North  America, 
to  wit :  New-llanipshire,  Massachusetts  Bay,  Rhode  Island,  Connec- 
ticut, New- York,  New-Jersey,  Pennsylvania,  Delaware,  Maryland, 
Virginia,  North  Carolina,  South  Carolina  and  Georgia,  having  this 
day  concluded  a  treaty  of  amity  and  commerce,  for  the  reciprocal  ad- 
vantage of  their  subjects  and  citizens,  have  thought  it  necessary  to 
take  into  consideration  the  means  of  strengthening  those  engngo- 
ments,  and  of  rendering  them  useful  to  the  safety  and  tranquillity  of 
the  two  parties;  particularly  in  case  Great  Britain  in  resentment 
of  that  connexion  and  of  the  good  correspondence  which  is  the  object 
of  the  said  treaty,  should  break  the  ocace  with  France,  either  by  direct 
hostilities,  or  by  hindering  her  commerce  and  navigation  in  a  manner 
contrary  to  the  rights  of  nations,  and  the  peace  subsisting  between  the 
two  crowns:  and  his  Majesty  and  the  said  United  States,  having  re- 
solved in  that  case  to  join  their  councils  and  efforts  against  the  enter- 
prises of  their  common  enemy,  the  respective  plenipotentiaries  em- 
powered to  concert  the  clauses  and  conditions  proper  to  fulfil  the  said 
intentions,  have,  after  the  most  mature  deliberation,  concluded  and 
determined  on  the  following  articles : 


TREATIES    or     '78    IVITH    FRANCE. 


61 


ty  was  concluded,)  presented  strong  representations  on  the 
subject  to  Congress.  It  led  to  many  angry  remarks  between 
the  parties,  and  was  one  of  the  causes  of  the  unhappy  con* 

*'  Art.  1.  If  war  should  break  out  between  France  and  Great 
Britain  during  the  continuance  of  the  present  war  between  the  United 
States  and  England,  his  Majesty  and  the  said  United  States  shall  make 
it  a  common  cause,  and  aid  each  other  mutually  with  their  good  offices, 
their  counsels  and  their  forces,  according  to  the  exigence  of  conjunc- 
tures, as  becomes  good  and  faithful  allies. 

"Art.  2.  The  essential  and  direct  end  of  the  present  defensive  al- 
liance is  to  maintain  effectually  the  liberty,  sovereignty,  and  inde- 
pendence absolute  and  unlimited,  of  the  said  United  States,  as  well  in 
matters  of  government  as  of  commerce. 

"Art.  3.  The  two  contracting  parties  shall  each  on  its  own  part, 
and  in  the  manner  it  may  judge  most  proper,  make  all  the  efforts  in 
its  power  against  their  common  enemy,  in  order  to  attain  the  end 
proposed. 

"  Art.  4.  The  contracting  parties  agree,  that  in  case  either  of  them 
should  form  any  particular  enterprise  in  which  the  concurrence  of  the 
other  may  be  desired,  the  party  whose  concurrence  is  desired,  shall 
readily  and  with  good  faith,  join  to  act  in  concert  for  that  purpose,  as 
far  as  circumstances  and  its  own  particular  situation  will  permit ;  and 
in  that  case,  they  shall  regulate,  by  a  particular  convention,  the  quan- 
tity and  kind  of  succour  to  be  furnished,  and  the  time  and  manner  of 
its  being  brought  into  action,  as  well  as  the  advantages  which  are  to 
be  its  compensation. 

"Art.  5.  If  the  United  States  should  think  fit  to  attempt  the  reduc- 
tion of  the  British  power,  remaining  in  the  northern  parts  of  America, 
or  the  islands  of  Bermudas,  those  countries  or  islands,  in  case  of  suc- 
cess, shall  be  confederated  with,  or  dependant  upon  the  said  United 
States.  ,  ;  ,  '    ' 

"Art.  G.  The  most  Christian  King  renounces  forever  the  posses- 
sion of  the  islands  of  Bermudas,  as  well  as  of  any  part  of  the  conti- 
nent of  North  America,  which,  before  the  treaty  of  Paris  in  17C3,  orin 
virtue  of  that  treaty,  were  acknowledged  to  belong  to  the  crown  of 
Great  Britain,  or  to  the  United  States,  heretofore  called  British  colo- 
nies, or  which  were  at  this  time,  or  have  lately  been  under  the  power 
of  the  king  and  crown  of  Great  Britain. 

"  Art.  7.  If  his  most  Christian  Majesty  shall  think  proper  to  attack 
any  of  the  islands  situated  in  the  Gulf  of  Mexico,  or  near  that  gulf, 
which  are  at  present  under  the  power  of  Great  Britain,  all  the  said 
isles,  in  case  of  success,  shall  appertain  to  the  crown  of  France. 


/■^.-/t^-  * 


63 


TREATIES    or     '78     WITH     FRANCE. 


troverfly,  that  afterwards  took  place,  and  which,  in  the  end, 
made  it  necessary  for  Congress  to  interpose  its  authority. 
**  I  have  the  satisfaction,"   says  Mr.  Izard  in  a  letter  to  Mr. 

"  Art.  8.  Neither  of  the  two  parties  slmll  conclmlo  either  truce  or 
peace  with  Great  Britain,  without  tlio  formal  consent  of  the  other 
first  ohtained  ;  and  they  mutuully  engage  not  to  Iny  down  their  arms 
until  the  independence  of  the  United  States  shall  have  heen  formolly 
or  tacitly  assured,  by  the  treaty  or  treaties  that  shall  terminate  the  war. 

"  Art.  9.  The  controcting  parties  cicclure,  that  being  resolved  to 
Ailfil  each  on  its  own  part,  the  clauses  and  conditions  of  the  present 
treaty  of  alliance,  according  to  its  own  power  and  circumstances, 
there  shall  be  no  after  claim  of  compeuNation  on  one  side  or  the  other, 
whatever  may  he  the  event  of  the  war. 

"Art.  10.  The  most  Cliristian  King  and  the  United  States  agree  to 
invite  or  admit  other  powers  who  may  ha'/o  received  injuries  from 
England,  to  make  conunon  cause  with  them,  and  to  accede  to  the 
present  alliance,  under  such  conditions  ns  shall  be  freely  agreed  to,  and 
settled  between  all  the  parties. 

"Art.  11.  The  two  parties  guarnnty  mutually  from  the  present 
time,  and  forever,  against  oil  other  powers,  to  wit :  The  United  States 
to  his  Christion  Majesty,  the  present  possessions  of  the  crown  of 
France  in  America,  as  well  as  those  which  it  may  acquire  by  the 
future  treaty  of  peace  :  And  his  most  Christian  Majesty  guaranties  on 
his  part  to  the  United  States,  their  lil)crty,  sovereignty  and  inde- 
pendence, absolute  and  unlimited,  as  well  in  matters  of  government 
as  commerce,  and  also  their  possessions,  and  the  additions  or  con- 
quests that  their  confederation  may  obtain  during  the  war,  from  any 
of  the  dominions  now,  or  heretofore  possessed  by  Groat  liritain  in 
North  America,  conformable  to  the  fifth  and  sixth  articles  al)ove  writ- 
ten, the  whole  as  their  possession  shall  be  fixed  and  assured  to  the 
said  states,  at  the  moment  of  the  cessation  of  their  present  war  with 
England. 

"Art.  12.  In  order  to  fix  more  precisely  the  sense  and  application 
of  the  preceding  article,  the  contracting  parties  declare,  that  in  case 
of  a  rupture  between  France  and  England,  the  reciprocal  guaranty 
declared  in  the  said  article,  shall  have  its  full  force  and  effect  the  mo- 
ment such  war  shall  break  out ;  and  if  such  rupture  shall  not  take 
place,  the  mutual  obligations  of  the  said  guaranty  shall  not  com- 
mence until  the  moment  of  the  cessation  of  the  present  war  between 
the  United  States  and  England  shall  have  ascertained  their  possessions. 

"Art.  13.  The  present  treaty  shall  be  ratified  on  both  sides,  and 


tucatirs  or   'T8   wttii  fraitci:. 


Laurens,  Sept.  1778,  '<  of  finding  that  Mr.  Adams  as  well 
as  his  countrymen.  Dr.  Franklin  and  Mr.  Deane,  have  been 
mistaken  in  their  expectation  that  Congress  would  be  inat- 
tentive to  the  interests  of  nine  States,  to  gratify  the  eaters 
and  distillers  of  molasses. ''  The  French  government,  with 
the  same  good  humour  and  complaisance  it  had  manifested 
throughout  the  whole  business  of  the  treaty,  accepted  readi- 
ly the  modification. 

The  treaty  of  alliance  will,  probably,  long  remain  in  our 
code  as  the  only  instrument  possessing  those  peculiar  and 
dangerous  provisions.  It  is  termed  in  the  body  of  the  writ- 
ing a  defensive  one,  but  war  did  not  exist,  at  the  date  of  sig- 
nature, between  France  and  England,  though  the  stipulations 
of  the  treaty  were  likely,  with  very  little  delay,  to  confer 
upon  it  the  character  of  an  active,  offensive  alliance.  The 
professed  object  of  the  compact  was  to  maintain  the  inde- 
pendence of  this  country,  but  arrangements  were  made  for 
an  ample  division  of  the  spoil  on  the  part  of  France.  Every 
portion  of  the  continent  (not  acknowledged  before  the  peace 
of  1763  to  belong  to  Great  Britain)  and  the  West  India 
islands,  were  to  be  transferred  to  the  latter  country  in  case 
of  a  successful  termination  of  the  conflict.  This  distribution 
left  the  Bermudas  and  the  anglo-American  possessions  of  the 
crown  in  the  hands  of  the  United  States.  Wc  derive  from 
a  consideration  of  this  fact,  a  full  explanation  of  the  reasons 
that  induced  the  French  negotiators  to  consent  to  this  appa- 
rently unequal  instrument,  still  further  encumbered,  as  it  ap- 
peared, by  the  stipulation  (11  art.)  of  a  mutual  guaranty. 
All  the  commercial  advantages  France  could  expect,  were 
secured  in  the  first  treaty  concluded,  that  of  amity  and  com- 

the  ratifications  shall  be  exchanged  in  the  space  of  six  months,  or  soon- 
er if  possible. 
"  Done  at  Paris,  this  sixth  day  of  February,  one  thousand  seven 
hundred  and  seventy-eight. 

"C.  A.  Gerard,  [l.  s.] 
''"  '  ;  "  B.  Franklin,     [l.  s.] 

-  '  '  "Silas  Deane,    [l.  s.] 

:>"  '  "Arthur  Lee.     [l.  s.]" 


64 


TREATIES  OF  'T8  WITH  FRANCE. 


!!t: 


merce  ; — the  territorial  ones  were  provided  for  in  that  of 
alliance.  And,  while  the  people  of  that  kingdom  were  close- 
ly engaged  with  questions  of  reform  and  retrenchment  in  the 
domestic  concerns  of  the  state,  their  ministers  privately  me- 
ditated and  carefully  matured  the  ambitious  and  dazzling 
project  of  reanncxing  to  the  French  crown,  by  the  aid  of  the 
Americans,  its  ancient  iiefs  on  this  continent,  and  extinguish- 
ing, at  the  same  blow,  every  remaining  title  of  British  sove- 
reignty in  the  West  India  archipelago.  Never  was  a  plan 
better  laid,  or  a  moment  more  auspicious.  But  the  peace 
of  1783  gave  France  neither  colonies  nor  islands  nor  com- 
merce ;  and  the  great  Minister,  who  adjusted  the  parts  of 
this  bold  scheme,  was  relieved  by  an  early  death,  not  only 
from  the  mortifying  spectacle  of  its  total  and  extraordinary 
failure,  but  of  the  bloody  dissolution  of  the  whole  fabric  of 
that  government,  with  uhich  this  treaty  of  alliance  had  been 
concluded. 

Writers  on  French  diplomacy  considered  the  mode,  in 
which  this  war  was  declared,  a  political  error  ;  they  reject- 
ed a  direct  alliance  with  the  United  States,  and  recommend- 
ed that  France  should  have  proceeded  to  hostilities  on  the 
ground  of  its  own  particular  wrongs,  more  especially  the  in- 
sults offered  by  the  English  to  French  vessels,  and  oppres- 
sive maritime  jurisdiction,  unjustly  exercised  by  that  power 
on  the  French  coasts.  It  is  obvious,  this  distinction  exists 
only  in  form.  If  France  took  the  opportunity  to  attack  Eng- 
land, while  she  was  engaged  in  suppressing  an  insurrection 
in  her  colonies,  the  real  effect  would  be  in  the  eyes  of  the 
world,  that  France  was  disposed  to  assist  those  colonies, — it 
mattered  very  little,  whether  she  formally  recognised  their 
independence,  when  she  made  herself  a  party  to  the  very 
war  that  led  to  its  establishment.  It  would  be  more  correct 
to  remark,  that  the  fnst  operations  of  the  French,  though 
skilfully  planned,  were  executed  in  an  awkward  way;  the 
fleet  commanded  by  M,  d'Estaing  arrived  too  late  on  the 
coast  ;  the  English  had  time  to  escape  from  the  Delaware, 
and,  though  altogether  inferior,  they  made  such  demonstra- 
tions off  Sandy  Hook  as  effectually  deterred  the  French  ad- 


TREATIES    OP     '78    WITH    FRANCE. 


55 


miral.     It  has,  also,  been  said  by  a  French  writer,  that  M. 
de  Choiseul  prepared,  during  his  administration,  the  Ameri- 
can Revolution  ;  that  he  foresaw  the  mischief  a  separation 
would  do  England,  and  even  at  that  time  laid  the  foundation 
of  it.     A  variety   of  circumstances  present  abundant  proof, 
that  this  remark  is  altogether  incorrect.      It  would  have  been 
nearer  the  truth  to  have  said  that  during  his  administration, 
the  spirit  was  created  (and  waited  but  for  the  administration 
of  M.  Turgot  to  be  matured,)  which  fitted  the  French  nation 
to  enter  with  such  a  sincere   and   deep  sensibility  into   the 
American  Revolution.     The  government,   at   that  early  pe- 
riod, to  repeat  the  word  of  an   author  already  quoted,  was 
itself  "  dissertateur ;"  to  the  magnificence  or  licentiousness 
of  the  preceding  reigns,  had  succeeded  a  philosophical  spirit 
of  inquiry  ;  and  as  early  as  1775,   the  nation  was  entirely 
occupied  with  discussions  on  the  unlimited   freedom  of  com- 
merce, the  suppression  of  monasteries,  "  corvees"  and  taxes 
on  consumption  ;  the  liberty  of  conscience,  and  of  the  press  ; 
the  recall  of  the  Protestants  ;  the  abolition  of  torture  ;  a  civil 
code  ;  and  a  new  system  of  public  instruction.      Those,  who 
will  be  at  the  pains  of  reading  the  Memoirs  and  Correspond- 
ence of  the  eminent  persons,  who  figured  in  those  times,  now 
before   the  public  in  a   voluminous  form,  will  obtain  in  a 
pleasipg  way,  a  lively  idea  of  the  manner  in  which  the  edu- 
cated classes  of  the  French  notion  were  occupied,  during  the 
memorable  years  that  preceded  the  American  Revolution. 

The  treaty  was  kept  u  cret  till  the  month  of  March,  in 
order  that  the  French  government  might  have  time  to  recall 
its  fishermen ;  withdraw  its  commerce  ;  give  notice  to  its 
colonies  ;  and  put  its  navy  in  a  proper  condition  to  proceed 
to  sea.  In  April,  the  Count  d'Estaing  sailed  with  a  large 
squadron  front  Toulon  for  the  American  coast.  Either  the 
preparations  for  war  were  so  openly  made,  that  each  party 
was  only  waiting  for  the  first  direct  aggression,  or  the  French 
government  feared  the  eftects,  the  British  Commissioners, 
appointed  under  Lord  North's  conciliatory  bills,  then  about 
to  embark  for  America,  would  produce  in  that  country.     At 


56 


TREATIES  or  '78  WITH  FRANCE. 


any  rate,  the  French  Minister  at  St.  James',  the  Marquis 
de  Noailles,  was  directed  to  notify  to  that  court  the  signature 
of  the  treaties,  though  the  ratifications  had  not  been  ex- 
changed. This  notification  will  be  found  in  Flassan.  ;  i^.r 
Franklin  and  his  colleagues  soon  after  went  to  court  in  a 
public  manner.  .  ,  .  j  ;.,i 

"  They  were  presented  by  Count  de  Vergennes  to  the  Kingf, 
who  received  them  graciously  ;  they  were  afterwards  presented  to 
the  Queen,  to  Monsieur,  then  Count  de  Provence,  and  to  all  the 
members  of  the  royal  family,  then  at  Versailles.  They  were  af- 
terwards introduced  to  the  Count  de  iMnurepas,  first  minister,  &c., 
and  these  introductions  being  over.  Dr.  Franklin  and  his  colleagues, 
with  Dr.  Bancroft  and  the  editor  of  these  memoirs,  dined  with  the 
Count  of  Vergennes,  and  in  the  evening  went  by  particular  invitation 
to  '  Jeu  de  la  Reine,'  where  they  found  the  royal  family  seated  at 
play  round  a  large  table  ;  a  considerable  heap  of  louis  d'ors  lay  be- 
fore each  of  the  players,  and  from  the  number  of  these,  which,  from 
time  to  time,  were  shovelled  by  the  losers  to  the  winners,  the  gaming 
appeared  to  be  high.  On  this  occasion.  Dr.  Franklin  was  honour- 
ed by  the  particular  notice  of  the  Queen,  who  courteously  desired 
him  to  stand  near  to  her,  and  as  often  as  the  game  did  not  require 
her  immediate  attention,  she  took  occasion  to  speak  to  him  in  very 
obliging  terms.  Dr.  Franklin  was  presented  to  the  King  in  the 
gallery  of  Versailles,  by  the  Count  de  Vergennes,  Minister  for  Fo- 
reign Affairs.  His  age,  his  venerable  appearance,  the  simplicity  of 
his  dress  on  such  an  occasion  ;  every  thing  that  was  either  singular 
or  respectable  in  the  life  of  this  American,  contributed  to  augment 
the  public  attention.  Clapping  of  hands,  and  a  variety  of  other 
demonstrations  of  joy,  announced  that  warmth  of  affection,  of  which 
the  French  are  more  susceptible  than  any  other  people,  and  of 
which  their  politeness  and  civility  augments  the  charm  to  him,  who 
is  the  object  of  it, 

"  His  Majesty  addressed  him  as  follows  : 

"  '  You  may  assure  the  United  States  of  America  of  my  friend- 
ship. I  beg  leave  also  to  observe  that  I  am  exceedingly  satisfied 
in  particular  with  your  own  conduct  during  your  residence  in  my 
kingdom.'  When  the  new  ambassador  after  this  audience,  crossed 
the  court  in  order  to  repair  to  the  office  of  the  minister  of  Foreign 


TREATIES  OF  '78  WITH  FRANCE. 


6t 


Affairs,  the  multitude  waited  for  him  in  the  passage,  and  hailed  him 
with  their  acclamations/'* 

M.  Gerard  was  appointed  by  his  Christian  Majesty  Minis, 
ter  Plenipotentiary  to  the  United  States  in  the  beginning  of 
the  year  '78.  He  sailed  in  April,  on  board  the  Languedoc, 
Count  d'Estaing's  flag-ship,  together  with  Mr.  Silas  Deane, 
who  had  received  letters  of  recall.  M.  Gerard  embarked 
secretly.  He  arrived  safely  in  America,  and  on  the  14th  of 
July,  a  committee  of  Congress  was  appointed  to  arrange  the 
time  and  manner  of  receiving  the  Minister.  The  very  un- 
common circumstance  of  the  occasion  must  be  our  apology 
for  extracting  at  length  an  account  of  the  ceremonial  of  re- 
ception, and  of  the  address  made  by  the  President. 

"  In  pursuance  of  the  ceremonial  established  by  Congress,  the 
Hon.  Rj'hard  Henry  Lee,  Esq.  one  of  the  delegates  f  m  Virginia, 
and  the  Hon.  Samuel  Adams,  Esq.,  one  of  the  delegate  from  Mas- 
sachusetts Bay,  in  a  coach  and  six  provided  by  Congress,  waited 
upon  the  Minister  at  his  house.  In  a  few  minutes,  the  Minister  and 
the  two  delegates  entered  the  coach,  Mr.  Lee  placing  himself  at 
the  Mini  :ler'B  left  hand  on  the  back  seat,  Mr.  Adams  occupying  the 
front  seat,  the  Minister's  chariot,  being  behind,  received  his  secre- 
tary. The  carriages  being  arrived  at  the  state-house  in  this  city, 
the  two  members  of  Congress,  placing  themselves  at  the  Minister's 
left  hand,  a  little  before  one  o'clock,  introduced  him  to  his  chair  in 
the  Congress  chamber,  the  President  and  Congress  sitting. — The 

*  We  have,  perhaps,  already  too  much  multiplied  extracts  in  the 
text,  but  we  beg  to  introduce  one  more  from  a  very  entertaining  wri- 
ter on  the  French  court.  "  Franklin  appeared  at  court  in  the  dre'J 
of  an  American  cultivator.  His  straigiit,  unpowdered  hair,  his  round 
hat,  his  brown  cloth  coat,  formed  a  contrast  with  the  laced  and  em- 
broidered coats,  and  the  powdered  and  perfumed  heads  of  the  cour- 
tiers of  Versailles.  This  novelty  turned  the  enthusiastic  heads  of  the 
French  women.  Elegant  entertainments  were  given  to  Dr.  Franklin, 
who  to  the  reputation  of  a  Philosopher,  added  the  patriotic  virtues 
which  had  invested  him  with  the  noble  character  of  an  Apostle  of  Li- 
berty. I  was  present  at  one  of  these  entertainments,  when  the  most 
beautiful  wotnan  out  of  three  lnuidred,  wa?  .^elected  to  place  a  crown 
of  laurels  upon  the  white  head  of  the  American  philosopher,  and  two 
kisses  upon  his  cheeks." 

VOL..    I.  Q 


'■V 


58 


TREATIES    OF    '78     WITH     FRANCE. 


Minister  being  seated,  he  gave  his  credentials  into  the  hands  of  his 
secretary,  who  advanced  and  delivered  them  to  the  President. 
The  secretary  of  Congress  then  read  and  translated  them ;  which 
being  done,  Mr.  Lee  announced  the  Minister  to  the  President  and 
Congress ; — at  this  time  the  President,  the  Congress,  and  the  Minis- 
ter rose  together ;  he  bowed  to  the  President  and  the  Congress, — 
they  bowed  to  him ;  whereupon,  the  whole  seated  themselves.  In 
a  moment  the  Minister  rose  and  made  a  speech  to  Congress,  they 
sitting.  The  speech  being  finished,  the  Minister  sat  down,  and 
giving  a  copy  of  bis  speech  to  his  secretary,  he  presented  it  to  the 
President.  The  President  and  the  Congress  then  rose,  and  the 
President  pronounced  their  answer  to  the  speech,  the  Minister 
standing.  The  answer  being  ended,  the  whole  were  again  seated, 
and  the  President,  giving  a  copy  of  the  answer  to  the  secretary  of 
Congress,  he  presented  it  to  the  Minister.  The  President,  the 
Congress,  and  the  Minister  then  again  rose  together :  the  Minister 
bowed  to  the  President,  who  returned  the  salute,  and  then  to  the 
Congress,  who  also  bowed  in  return  ;  and  the  Minister  having  bow- 
ed to  the  President,  and  received  his  bow,  he  withdrew,  and  was 
attended  home  in  the  same  manner  in  which  he  had  been  conduct- 
ed  to  the  audience.  Within  the  bar  of  the  house  the  Congress 
formed  a  semicircle  on  each  side  of  the  President  and  the  Minis- 
ter :  The  President  sitting  at  one  extremity  of  th«  circle  at  a  table 
upon  a  platform  elevated  two  steps — the  Minister  sitting  at  the  op- 
posite extremity  of  the  circle  in  an  arm-chair  upon  'he  same  level 
with  the  Congress.  The  door  of  the  Congress  chamber  being 
thrown  open  below  the  bar,  about  two  hundred  gentlemen  were 
admitted  to  the  audience,  among  whom  were  the  Vice  President 
of  the  Supreme  Executive  Council  of  Pennsylvania,  the  Supreme 
Executive  Council,  the  Speaker  and  Members  of  the  House  of  As- 
sembly, several  foreigners  of  distinction,  and  officers  of  the  army. 
The  audience  being  over,  the  Congress  and  the  Minister  at  a  pro- 
per hour  repaired  to  an  entertainment  given  by  the  Congress  to 
the  Minister,  at  which  were  present  by  invitation  several  foreign- 
ers of  distinction  and  gentlemen  of  public  character.  The  enter- 
tainment was  conducted  with  a  decorum  suited  to  the  occasion,  and 
gave  perfect  satisfaction  to  the  whole  company. 

"  In  Congress,  Aug.  6,  1778. 
"  According  to  order,  the  honourable  the  Sieur  Gerard  being 


i 
1 

tds  of  his 

■ 

'resident. 

:S 

i;  which 

[dent  and 

le  Minis- 

igress, — 
Ives.     In 

ess,  they 
>wn,  and 

it  to  the 

and  the 

Minister 

n  seated, 

retary  of 
Jent,  the 

Minister 

s 

3n  to  the 

h 

ing  bow- 

;' 

and  was 

conduct- 

[longress 
e  Minis- 

t  a  table 
t  the  op- 
ne  level 

r   being 

en  were 

resident 

upreme 
e  of  As- 

5  army. 

t  a  pro- 

i;ress  to 

breign- 
1  enter- 

on,  and 

8. 

being 

TREATIES    OP    '78    WITH    tlLAitCK. 


5d 


introduced  to  an  audience  by  the  two  members  for  that  purpose 
appointed,  and  being  seated  in  his  chair,  his  secretary  delivered  to 
the  President  a  letter  frnm  his  most  Christian  Majesty,  which  was 
read  in  the  words  following : 

"  Very  dear,  great  friends  and  allies — 

"  The  treaties,  which  we  have  signed  with  yon  in  consequence 
of  the  proposals  your  Commissioners  made  to  us  in  your  behalf  are 
a  certain  assurance  of  our  affection  for  the  United  States  in  gene- 
ral and  for  each  of  them  in  particular,  as  well  as  of  the  interest  we 
take  and  constantly  shall  take  in  their  happiness  and  prosperity. 
It  is  to  convince  you  more  particularly  of  this,  that  we  have  nomi- 
nated the  Sieur  Gerard,  Secretary  of  our  Council  of  State,  to  re- 
side among  you  in  the  quality  of  our  Minister  Plenipotentiary.  He 
is  better  acquainted  with  our  sentiments  towards  you  and  the  more 
capable  of  testifying  the  same  to  you,  as  he  was  intrusted  on  our 
part  to  negotiate  with  your  Commissioners,  and  signed  with  them 
the  treaties,  which  cement  our  union.  We  pray  you  to  give  full 
credit  to  all  he  shall  communicate  to  you  from  us,  more  especially 
when  he  shall  assure  you  of  our  affection  and  constant  friendship 
for  you.  We  pray  God,  very  dear,  great  friends  and  allies,  to  have 
you  in  his  holy  keeping.     Your  good  friend  and  ally. 

(Signed)  «  LOUIS. 

«  Versailles,  March  18,  1778. 

(Undersigned)  "  Gravier  de  Vergennes. 

(Directed) — "  To  our  very  dear,  great  friends,  the  President  and 
Members  of  the  General  Congress  of  North  America." 

Omitting  the  speech  of  M.  Gerard,  the  following  was  the 
answer  of  the  President  on  the  occasion. 

"  Sir, — The  treaties  between  his  most  Christian  Majesty  and  the 
United  States  of  America,  so  fully  demonstrate  his  wisdom  and 
magnanimity  as  to  command  the  reverence  of  all  nations.  The 
virtuous  citizens  of  America,  in  particular,  can  never  forget  his 
beneficent  attention  to  their  violated  rights,  nor  cease  to  acknow- 
ledge the  hand  of  a  gracious  I'rovidence  in  raising  them  up  so 
powerful  and  illustrious  a  friend.  It  Is  the  hope  and  opinion  of 
Congress,  that  the  confidence  his  Majesty  reposes  in  the  firmness 
of  these  States  will  receive  additional  strength  from  every  day's 
experience.     This  assembly  are  convinced,  sir,  that  if  it  had  rest- 


r 

• 

1 

• 

t 

f 

60 

TR£ATIBS    OF    '78    WITH    FRANCE. 

ed  solely  with  the  most  Chiistian  King,  not  only  the  independence 
of  these  States  would  have   been  universally  acknowledged,  but 
their  tranquillity  fully  established.     We  lament  that  lust  of  domi- 
nation which  gave  birth  to  the  present  war,  and  hath  prolonged 
and   extended   the   miseries   of  mankind.     We  ardently  wish  to 
sheathe  the  sword  and  spare  the  further  effusion  of  blood ;  but  we 
are  determined  by  every  means  in  our  power  to  fulfil  those  event- 
ual engagements,  which  have  acquired  positive  and  permanent 
force  from  the  hostile  designs  and  measures  of  the  common  enemy. 
Congress  have  reason  to  believe  that  the  assistance  so  wisely  and 
generously  sent,  will  bring  Great  Britain  to  a  sense  of  justice  and 
moderation,  promote  the  common  interests  of  France  and  America, 
and  secure  peace  and  tranquillity  on  the  most  firm  and  honourabl'j 
foundation.     Neither  can  it  be  doubted  that  those,  who  adminii^ter 
the  powers  of  government  within  the  several  states  of  this  Union, 
will  cement  thiit  connexion  with  the  subjects  of  France,  the  bene- 
ficial effects  of  which   have   already  been  so  sensibly  felt.     Sir, 
from  the  experience  we  have  had  of  your  exertions  to  promote 
the  true  interests  of  our  country,  as  well  as  your  own,  it  is  with 
the  highest  satisfaction   Congress   receives,    as  the  first  Minister 
from  his  most  Christian  Majesty,  a  gentleman  whose  past  conduct 
affords  a  happy  presage,  that  he  will  merit  the  confidence  of  this 
body,  the  friendship  of  its  members,  and  the  esteem  of  the  citizens 
of  America." 

Dr.  Franklin,  having  been  elected  Minister  to  the  Court 
of  France,  his  letter  of  credence  was  agreed  to  by  Congress 
on  the  21st  October  1778  ; — the  first  Minister  Plenipoten- 
tiary to  a  foreign  court,  appointed  by  this  country.  We  be- 
lieve no  one  will  have  doubts  of  the  propriety  of  appointing 
a  single  envoy  to  Versailles,  after  reading  Dr.  Franklin's  own 
remarks  on  the  subject. 

— "  Speaking  of  Commissioners  in  the  plural,  puts  me  in  mind  of 
enquiring,  if  it  can  be  the  intention  of  Congress  to  keep  three  am- 
bassadors at  this  Court.  We  have,  indeed,  four  with  the  gentle- 
man intended  for  Tuscany,  who  continues  here,  and  is  very  angry, 
that  he  was  not  consulted  in  making  the  treaty,  which  he  could 
have  mended  in  several  particulars,  and,  perhaps,  he  is  angry  with 
some  reason,  if  the  instructions  to  him  do,  as  he  says  they  do,  re- 
quire us  to  consult  him.     We  shall  soon  have  a  fifth,  for  the  envoy 


TREATIES    OF    '78    WITH    TBAITCE.  fl^ 

to  Vienna,  not  being  received  there,  is,  1  hear,  returning  hither.— 
The  necessary  expense  of  maintaining  us  all  is,  1  assure  you,  enor- 
mously great.     I  wish  the  utility  may  equal  it.     I  imagine  every 
one  of  us  spends  nearly  as  much  as  Lord  Stormont*  did.     It  is  true, 
be  left  behind  him  the  character  of  a  niggard,  and  when  the  ad- 
vertisement appeared  for  the  snie  of  his  household  goods,  all  Paris 
laughed  at  an  article  of  it,  perhaps,  very  innocently  expressed, 
"  a  great   quantity  of  table   linen,   that   has    never  been  used." 
"  That  is  very  likely,"  say  the  French,  "  for  he  never  invited  any 
one  to  dine."     But  as  to  our  number,  whatever  advantage  there 
might  be  in  the  joint  counsels  for  framing  and  adjusting  the  articles 
of  the  treaty,  there  can  be  none  in  having  so  many  for  managing 
the  common  business  of  a   president  here.     On  the  contrary,  all 
the  advantages  in  negotiation  that  result  from  secrecy  of  sentiment 
and  uniformity  in  expressing  it,  and  in  common  business  for  de- 
spatch, are  lost.     In  a  Court  too,  where  every  word  is  watched  and 
weighed,  if  a  number  of  Commissioners  do  not  every  one  hold  the 
same  language  in  giving  their  opinion  on  any  public  transaction, 
this  lessens  their  weight ;  and  where  it  may  be  prudent  to  put  od 
or  avoid  certain  appearances  of  concern,  for  example,  or  indiffer- 
ence, siitisfaction  or  dislike,  where  the  utmost  sincerity  and  can- 
dour should  be  used,  and  would  gain  credit,  if  no  semblance  of  art 
showed  itself  in  the  inadvertent  discourse,  perhaps,  of  only  one  of 
them,  the   hazard  is  in  proportion  to  the  number.     And  where 
every  one  must  be  consulted  on  every  particular  of  common  busi- 
ness, in  answering  every  letter,  and  one  of  them  is  offended,  if  the 
smallest  thing  is  done  without  his  consent,  &c.     The  difficulty  of 
being  often  and   long  enough  together,  the  different  opinions  and 
the  time  consumed  in  debating  them,  the  interruption  by  new  ap- 
plicants in  the  time  of  meeting,  &c. — occasions  so  much  postponing 
and  delay,  that  correspondence  languishes  and  occasions  are  lost, 
and  the  business  is  always  behind  hand.     1  have  mentioned  the  dif- 
ficulty of  being  often  and  long  enough  together  :  this  is  considera- 
ble, where  they  cannot  be  all  accommodated  in  the  same  house  : 
But  to  find  three  people,  whose  tempers  are  so  good  and  who  like 
one  another's  company  and  manner  of  living  and  conversing  as  to 
agree  with  themselves,  though  living  in  one  house,  and  whose  ser- 
vants will  not,  by  their  indiscretion,  quarrel  with  one  another,  and 

*  English  Minister. 


i^ 


dd  TREATIXS    or    *78    WITH    FRANCS. 

bj  artful  mIsrepresentRtions  draw  their  masters  in  to  take  their 
parts,  to  the  disturbance  of  necessary  harmony,  these  are  difficul- 
ties still  greater,  and  almost  insurmountable.  And  in  consideration 
of  the  whole,  I  sincerely  wish  the  Congress  would  separate  us/' 

In  September  '79,  M.  Gerard  had  a  private  audience  of 
Congress  in  order  to  take  leave.  He  was  succeeded  by  the 
Chevalier  de  la  Luzerne.'"'  This  gentleman,  created  a  Mar- 
quis, obtained,  in  1784,  the  permission  of  his  court  to  re- 
turn, and  was  succeeded  by  M.  de  Marbois  as  Charge  d'Af- 
faires.  After  he  had  sailed  for  Europe,  M.  de  la  Luzerne 
received  from  Mr.  Jefferson,  Secretary  of  State  under  the 
new  government,  the  following  flattering  letter. 

"  New- York,  April  30,  1790. 

"  Sir, — When  in  the  course  of  your  legation  to  the  United  States, 
your  affairs  rendered  it  necessary  that  you  should  absent  yourself 
a  while  from  that  station,  we  flattered  ourselves  with  the  hope 
that  that  absence  was  not  final.  It  turned  out  in  event,  that  the 
interests  of  your  sovereign  called  for  your  talents  and  the  exercise 
of  your  functions  in  another  quarter.  You  were  pleased  to  an- 
nounce this  to  the  former  Congress,  through  their  Secretary  for 
Foreign  Affairs,  at  a  time  when  that  body  was  closing  its  adminis- 
tration, in  order  to  hand  it  over  to  a  government,  then  preparing 
on  a  different  model.  This  government  is  now  formed,  organised, 
and  in  action,  and  it  considers  among  its  earliest  duties,  and  assur- 
edly among  its  most  cordial,  to  testify  to  you  the  regret,  which  the 
people  and  government  of  the  United  Stated'  (elt  at  your  removal 
from  among  them — a  very  general  and  sincere  regret,  and  temper- 
ed only  by  the  consolation  of  your  personal  advancement,  which 
accompanied  it 

"  You  will  receive,  sir,  by  order  of  the  President  of  the  United 
States,  as  soon  as  it  can  be  prepared,  a  Medal  and  Chain  of  gold, 
of  which  he  desires  your  acceptance,  in  token  of  their  esteem  and 
of  the  sensibility,  with  which  they  will  ever  recall  your  legatioti 
to  their  memory.  ,     ,       j„ 

*  "  M.  de  la  Luzerne's  family  is  among  the  best  and  most  honoura- 
ble of  this  country.  He  has  been  Minister  to  the  court  of  Munich, 
and  is  a  gentleman  of  honour  and  ability."  Extract  from  a  letter  of 
A.  Lee. 


TREATIES    or     '78    WITH    FRANCE. 


Jnited 

gold, 

!m  and 

tgatioil 


'*  But  ai  this  compliment  may,  hereafter,  be  rendered  to  other 
nisfiioos,  from  which  your's  was  distinguished  by  eminent  circum- 
stances, the  President  of  the  United  States  wishes  to  pay  you  the 
distinguished  tribute  of  an  express  acknowledgment  of  your  ser- 
vices,  and  our  sense  of  them.  You  came  to  us,  sir,  through  all  the 
perils,  which  encompassed  us  on  all  sides.  You  found  us  strug- 
gling and  suffering  under  difl'culties  as  singular  and  trying,  as  our 
situation  was  new  and  unprecedented.  Your  magnanimous  nation 
had  taken  side  with  us  in  the  conflict,  and  yourself  became  the 
centre  of  our  common  councils,  the  link  which  connected  our  com- 
mon operations.  In  that  position,  you  laboured  without  ceasing, 
till  all  our  labours  were  crowned  with  glory  to  your  nation,  free- 
dom to  ours,  and  benefit  to  both.  During  the  whole,  we  had  con- 
stant evidence  of  your  zeal,  your  abilities,  and  your  good  faith  ; 
and  we  desire  to  convey  this  testimony  of  it  home  to  our  own 
breast,  and  to  that  of  your  sovereign,  our  best  and  greatest  friend  : 
and  this  I  do,  sir,  in  the  name  and  by  the  express  instruction  of  the 
President  of  the  United  States." 

An  unfortunate  and  disagreeable  misunderstanding  took 
place,  during  Dr.  Franklin's  residence  as  Minister,  between 
M.  de  Vergcnnes  and  Mr.  Adams.  The  first  commission  of 
Mr.  Adams  had  been  annulled  by  Franklin's  appointment  to 
Versailles,  but  in  1779  he  returned  to  France  in  the  frigate 
La  Sensible,  having  been  elected  by  Congress  sole  Commis- 
sioner for  a  peace  with  England, — a  measure  adopted  by  the 
advice  of  Vergennes.  Mr.  Adams  fixed  his  residence  at  Pa- 
ris ;  and  his  letters  to  Congress  are  valuable  for  the  reports 
of  news,  remarks  on  the  political  state  of  Europe,  and  for 
copies  of  the  principal  European  state  papers  of  the  times. 
It  is  obvious,  he  was  not  an  accredited  Minister,  but  having 
been  much  in  France,  fully  in  the  confidence  of  his  own  go- 
vernment, and  probably  on  a  friendly  footing  with  the  prin- 
cipal Minister  at  Versailles,  it  is  not  surprising,  he  should 
have  felt  himself  entitled  to  ofTer  his  advice  freely  on  public 
affairs.  But  some  observations,  concerning  a  resolution  of 
Congress  of  March  18,  '80,  and  a  disposition  of  part  of  the 
French  fleet,  were  not  received  in  the  spirit,  by  which  they 
were  doubtless   dictated.     The  tone  of  M.  de  Vergennes' 


4 


TREATIES  OF  '78  WITH  FRANCE. 


reply  was  such  as  necessarily  put  an  end  to  the  correspond- 
ence, though  no  notice  appears  to  have  been  taken  of  the 
business  by  Congress.  "  I  have  received,"  said  the  Minis- 
ter, (*  the  letter  you  did  me  the  honour  to  write  me  on  the 
27th  of  this  month.  1  did  not  expect  the  animadversions, 
you  have  thought  it  proper  to  make  on  a  passage  of  my  let- 
ter of  the  20th  current.  To  avoid  any  further  discussions 
of  that  sort,  I  think  it  my  duty  to  inform  you,  that  Dr.  Frank- 
lin, being  the  sole  person  that  has  letters  of  credence  to  the 
King  from  the  United  States,  it  is  with  him  only,  that  I 
ought  and  can  treat  of  matters,  which  concern  them,  and 
particularly  of  that,  which  is  the  subject  of  your  observa- 
tions." This  letter  was  sent  July  31,  1780,  by  Vergennes 
to  Franklin,  with  the  following  remarks — "  The  character 
with  which  you  are  invested,  your  wisdom,  and  the  confi- 
dence I  have  in  your  sentiments  and  fine  principles,  induce 
me  to  communicate  to  you  a  correspondence  I  have  had  with 
Mr.  Adams.  You  will  find,  I  think,  in  the  letter  of  that 
plenipotentiary,  opinions  and  a  turn,  which  do  not  corres- 
pond, either  with  the  manner  in  which  I  explained  myself 
to  him,  or  with  the  intimate  connexion,  subsisting  between 
the  King  and  the  United  States.  You  will  make  the  use  of 
these  papers  your  prudence  shall  suggest.  As  to  myself,  I 
desire  you  will  transmit  them  to  the  Congress,  that  they 
may  be  informed  of  the  line  of  conduct  Mr.  Adams  pursues 
in  regard  to  us,  and  that  they  may  judge,  whether  he  is  en- 
dowed with  that  conciliatory  disposition,  which  is  necessary 
for  the  important  and  delicate  business,  with  which  he  is  in- 
trusted."— These  letters  were  transmitted  to  Congress,  with 
some  remarks  by  Dr.  Franklin. 

"  Passy,  August  9,  1780. 
"  To  His  Excellency  Samuel  Huntington,  President  of  Congress. 

"  Mr.  Adams  has  given  offence  to  the  Court  here  by  some 
sentiments  and  expressions,  contained  in  several  of  his  letters, 
written  to  the  Count  de  Vergennes.  I  mention  this  with  reluc- 
tance, though,  perhaps,  it  would  have  been  my  duty  to  acquaint 
you  with  such  a  circumstance,  even  if  it  were  not  required  of  me 
by  the  Minister  himself.     He  has  sent  me  copies  of  the  corres' 


TREATIES  OF  '78  WITH  FRANCE. 


65 


pondence,  desiring  I  would  commimicntc  them  to  Congress,  and  I 
send  them  herewith.  Mr.  Adutns  did  not  show  mo  his  letters  be< 
fore  he  sent  them.  I  have,  in  n  former  letter  to  Mr.  Lovell,  men- 
tioned some  of  the  inconveniences  that  attend  the  having  more 
than  one  Minister  at  the  same  Court,  one  of  which  inconveniences 
is,  that  they  do  not  always  hold  the  same  language,  and  that  the 
impressions,  made  by  one,  and  intended  for  the  service  of  his  con- 
stituents, may  be  eiraced  by  the  discourse  of  the  other.  It  is  true, 
that  Mr.  Adams's  proper  business  is  elsewhere,  but  the  time  not 
being  come  for  that  business,  and  having  nothing  else  here  where- 
with to  employ  himself,  he  seems  to  have  endeavoured  supplying, 
what  he  may  suppose  my  negotiations  defective  in.  He  thinks,  as 
he  tells  me,  himseli',  that  America  has  been  too  free  in  expressions 
of  gratitude  to  France,  for  that  she  is  more  obliged  to  us  than  we  are 
to  her,  and  that  we  should  show  spirit  in  our  applications.  I  ap. 
prehend  that  he  mistakes  his  ground,  and  that  this  Court  is  to  be 
treated  with  decency  and  delicacy.  The  King,  a  young  and  virtu- 
ous prince,  has,  I  am  persuaded,  a  pleasure  in  reflecting  on  the  ge- 
nerous benevolence  of  the  action  in  assisting  an  oppressed  people, 
and  proposes  it  as  a  part  of  the  glory  of  his  reign  :  I  think  it  right 
to  increase  this  pleasure  by  our  thankful  acknowledgments,  and 
that  such  an  expression  of  gratitude  is  not  only  our  duty,  but  our 
interest.  A  different  conduct  seems  to  me  what  is  not  only  impro- 
per and  unbecoming,  but  what  may  be  hurtful  to  us.  Mr.  Adams, 
on  the  other  hand,  who  at  the  same  time  means  our  welfare  and 
interest  as  much  as  I,  or  any  man  can  do,  seems  to  think  a  little 
apparent  stoutness  and  greater  air  of  independence  and  boldness  in 
our  demands,  will  procure  us  more  ample  assistance.  It  is  for  the 
Congress  to  judge  and  regulate  their  affairs  accordingly.  M.  de 
Vergennes,  who  appears  much  offended,  told  me  yesterday  that  he 
would  enter  into  no  further  discussions  with  Mr.  Adams,  nor  an- 
swer any  more  of  his  letters.  He  is  gone  to  Holland,  to  try,  as  he 
told  me,  whether  something  might  not  be  done  to  render  us  a  little 
less  dej)endent  on  France,  lie  says,  the  ideas  of  this  Court,  and 
those  of  the  people  in  America,  are  so  totally  different,  as  that  it  is 
impossible  for  any  Minister  to  please  both.  He  ought  to  knoiy 
America  better  than  I  do,  having  been  there  lately  ;  and  he  may 
choose  to  do,  what  he  thinks  will  best  please  the  people  of  Ame*' 
f ica :  but  when  I  consider  the  expressions  of  Congress  ij)  many  pf 

vol,.   1.  0 


66 


TREATIES  OF  '78  WITH  KBANCE. 


their  public  nets,  nnd  particularly  in  their  letter  to  the  Chevalier 
dc  lii  Luzerne,  of  the  24th  of  May  last,  I  cannot  but  imngine  that 
he  mistakes  tho  sentiments  of  u  few  for  n  general  opinion."* 

;  "  B.  FK  AN  KLIN." 

Though  not  precisely  connected  with  the  subject  of  this 
chapter,  yet  as  an  incident  in  Dr.  Franklin's  embassy,  and 
as  belonging  to  the  diplomacy  of  the  period,  we  shall  here 
insert  two  letters  which  passed,  in  1784,  between  him  and 
the  Count  de  Mercy  Argenteau,  Minister  Plenipotentiary  of 
his  Imperial  Majesty. 

"  I  have  the  honour  (July  30,  1784)  to  communicate  to  your 
Excellency  an  extract  from  the  instructions  of  Congress  to  the  late 
Commissioners,  expressing  their  desire  to  cultivate  the  friendship 
of  his  Imperial  Majesty,  and  to  enter  into  n  treaty  of  commerce  for 
the  mutual  benefit  of  the  two  nations,  which  I  request  you  will  be 
pleased  to  lay  before  his  Imperial  Majesty.  The  appointing  and 
instructing'  Commissioners  for  treaties  of  commerce  with  the  Euro- 
pean pow<!r3  have,  by  various  circumstances,  been  long  delayed, 
but  is  now  done,  and  I  have  just  received  advice  that  Mr.  Jeffer- 
son, Governor  of  Virginia,  commissioned  with  Mr.  Adams,  our  Mi- 
nister in  Ilclland,  nnd  myself,  for  that  service,  is  now  on  his  way 
hither,  and  may  be  expected  by  the  end  of  August,  when  we  shall 
all  be  read;'  to  enter  into  a  treaty  with  his  Majesty  for  the  above 

purpose,  ii'such  should  be  his  pleasure." "  I  have  received," 

writes  M,  d'Argenteau  in  reply,  "  the  letter  you  did  me  the  ho- 
nour to  address  to  me  this  morning,  and  I  shall  lose  no  time  in 
transmitting  it  to  my  Court.  The  sentiments  of  the  Emperor  to- 
wards the  United  States  enable  me  to  foresee  the  satisfaction  his 
Imperial  Majesty  will  experience  in  entering  into  satisfactory,  re- 
ciprocal and  advantageous  connexions  with  them.  1  have  not  the 
least  doubt  but  that  measures  will  be  instantly  taken  on  that  sub- 
ject to  concert  with  you  and  the  other  Commissioners.  I  shall  im- 
mediately communicate  the  answer  of  my  Court." 

*  It  has  always  been  understood  that,  on  the  communication  of 
these  documents  to  Congress,  a  violent  discussion  arose,  but  the  con- 
fidence of  the  government  was  not  withdrawn  from  Mr.  Adams.  On 
tlic  contrary,  lie  was  continued  in  the  station  he  occupied  at  tho  time 
of  this  afTair,  and,  subsequently,  was  the  first  Minister,  appointed  by 
tho  Confederation,  to  England. 


*»•• 


TREATIEH     OF     '78     WITH     FRANCE. 


67 


In  January  1784,  Dr.  Franklin  obtained  permission  of 
Congress  to  return  to  this  country,  after  having  made  re- 
peated apphcations  for  this  indulgence  ; — one  of  which  was 
addressed  to  the  President  of  Congress  as  early  as  March 
1781,  and,  besides  the  sentiments  it  contains,  is  a  good  fipc- 
cimen  of  the  pleasing  simplicity  of  style,  for  which  this  illus- 
trious man  was  justly  celebrated. 

— "  1  must  now  beg  leave  to  say  something  relating  to  myself,  n 
subject,  with  which  1  have  not  often  troubled  Congress.  1  have 
passed  my  seventy-Ofth  year,  and  find  that  the  long  and  severe  fit 
of  the  gout,  which  1  had  the  last  winter,  has  sliakcn  me  exceed- 
ingly, and  I  am  yet  fj>r  from  having  recovered  the  bodily  strength 
1  before  enjoyed.  I  do  not  know  that  my  mental  faculties  are  im- 
paired, perhaps  I  shall  be  the  last  to  discover  tbat,  but  I  am  sensi- 
ble of  a  great  diminution  in  my  activity,  a  quality,  I  think,  particu- 
larly necessary  in  your  Minister  for  this  Court.  I  am  afraid,  there- 
fore, that  your  affairs  may,  some  time  or  other,  suffer  by  my  deti- 
ciency.  I  find,  also,  that  the  business  is  too  heavy  for  me,  and  too 
confining.  The  constant  attendance  at  home,  which  isi  necessary 
for  receiving  and  accepting  your  bills  of  exchange  (a  matter  fo- 
reign to  my  ministerial  functions)  ;  to  answer  letters,  and  pcrO^rm 
other  parts  of  my  employment,  prevents  my  taking  the  air  and 
exercise,  which  my  annual  journeys  formerly  used  to  afford  me, 
and  which  contributed  much  to  the  preservation  of  my  healt!.. 
There  are  many  other  little  personal  attentions,  which  the  infirmi- 
ties of  age  render  necessary  to  an  old  man's  cuinfort,  even  in  some 
degree  to  the  continuance  of  his  existence  ;  and  with  which  busi- 
ness often  interferes.  I  have  boon  engaged  in  public  affairs,  and 
enjoyed  public  confidence  in  some  shape  or  other,  dunng  the  long 
term  of  fifty  years,  an  honour  sufficient  to  satisfy  any  reasonable  am- 
bition, and  I  have  no  other  left  than  that  of  repose,  which  1  hope  the 
Congress  will  grant  me,  by  sending  some  person  to  supply  my 
place.  At  the  same  time,  1  beg  they  may  be  assured,  that  it  is  not 
any,  the  least,  doubt  of  their  success  in  the  glorious  cause,  nor  any 
disgust  received  in  their  service,  that  induces  me  to  decline  it,  but 
purely  and  simply  the  reasons  above  mentioned.  And  as  1  cannot 
at  present  undergo  the  fatigues  of  a  sea  voyage  (the  last  having 
been  almost  too  much  for  me),  and  would  not  again  expose  myself 
to  the  hazard  of  capture  and  imprisonment  in  this  time   of  war,  I 


'■  ,» 


68 


tKEATIES     OB'     '78     WITH     FRANCE. 


purpose  to  remain  here,  at  least,  till  the  peace,  perhaps  it  may  be 
for  the  remainder  of  my  life, — and  if  any  knowledge  or  experience 
I  have  acquired  here  may  be  thought  of  use  to  my  successor,  I 
shall  freely  communicate  it,  and  assist  him  with  any  influence  I  may 
be  supposed  to  have,  or  counsel  that  may  be  desired  of  me."* 

Before  Dr.  Franklin's  departure,  he  received  from  M.  de 
Vergennes  a  letter,  of  which  every  one  will  acknowledge 
the  just  and  appropriate  character  of  the  sentiments,  though 
the  form  of  the  expressions  is  altogether  heartless  and  office- 
like. "  I  have  learnt  with  much  concern  your  retiring,  and 
approaching  departure  for  America.  You  should  not  doubt 
but  that  the  regrets  you  will  leave,  will  be  proportionate  to 
the  consideration,  you  so  justly  enjoy.  I  can  assure  you, 
sir,  that  the  esteem  the  King  entertains  for  you,  leaves  you 
nothing  to  desire,  and  that  his  Majesty  will  learn,  with  real 
satisfaction,  that  your  fellow  citizens  have  rewarded,  in  a 
manner  worthy  of  you,  the  important  services  you  have  ren- 
dered them.  I  beg,  sir,  that  you  will  preserve  me  a  share 
in  your  remembrance,  and  never  doubt  of  the  sincerity  I 
take  in  your  happiness.  It  is  founded  on  the  sentiments  of 
attachment  of  which  I  have  assured  you,  and  with  which  I 
have  the  honour  to  be,"  &c. 

Dr.  Franklin  had  the  uncommon  honour  and  good  fortune 

*  Extract  of  a  letter  from  John  Jay,  &c.  "Madrid,  21st  April 
1781.  (Private.) — By  the  letter  from  Dr.  Franklin,  herewith  enclosed, 
and  which  he  was  so  obliging  as  to  leave  open  for  my  perusal,  I  find 
he  has  requested  permission  to  retire,  on  account  of  his  age,  infirmi- 
ties, Sec.  How  far  his  health  may  be  impaired,  I  know  not.  The  let- 
ters I  have  received  from  him  bear  no  marks  of  ago,  and  there  is  an 
acuteness  and  sententious  brevity  in  thorn,  which  do  not  indicate  an 
understanding  injured  by  j'cars.  I  have  many  reasons  to  think  our 
country  much  indebted  to  him,  and  I  confess  it  would  mortify  my 
pride  as  an  American,  if  his  constituents  should  be  the  only  people,  to 
whom  his  character  is  known,  that  should  deny  his  merit  and  services 
the  testimony  given  them  by  other  n-itions.  Justice  demands  of  me 
to  assure  you,  that  his  reputation  and  re?pcctability  are  acknowledg- 
ed, and  have  weight  here,  and  that  I  have  received  from  him,  all  that 
Uniform  attention  and  aid,  which  was  due  to  the  importance  of  the  af- 
fairs committed  to  mc." 


TREATIES     OF     '78     WITH     FRANrE. 


ed 


of  taking  a  principal  part  in  forming  the  two  most  important 
treaties  made  by  America  ; — the  treaty  of  Alliance  and  Com- 
merce with  France,  and  the  first  treaty  with  England,  in 
which  the  mother  country  acknowledged  the  independence 
of  these  United  States.  His  name  stands  on  both  these  in- 
struments. His  long  residence  in  France,  it  is  well  known, 
was  agreeable  to  the  French  court,  though  we  have  never 
been  able  to  ascertain  the  grounds  of  a  remark,  often  made, 
that  this  arrangement  was  effected  by  the  intrigues  of  M.  de 
Vergennes,  who  found  Dr.  Franklin  more  obsequious  than 
either  of  his  colleagues.  Dr.  Franklin  was  named  Envoy  at 
the  Court  of  Versailles  with  uncommon  propriety.  He  was 
the  oldest  Commissioner  in  Europe,  advanced  in  life,  and  on 
account  of  his  great  celebrity  in  philosophy,  undoubtedly  pos- 
sessed considerable  influence.  He  was  employed  to  much 
more  advantage  abroad,  than  he  could  have  been  at  home, 
for  he  possessed  talents,  manners  and  address,  exceedingly 
suitable  to  his  station  and  the  afl'airs  in  which  he  was  en- 
gaged. 

In  March  1785,  Thomas  Jefferson  was  chosen  Minister 
Plenipotentiary  to  succeed  D:.  Franklin  at  the  court  of  Ver- 
sailles. Mr.  Jefferson  had  been  engaged  in  a  great  deal  of 
important  business  at  home  ;  but  before  this  period,  had  not 
been  employed  abroad,  though  elected  to  the  commission  for 
the  peace  with  England.* 

*  During  Mr.  Jefibrson's  first  residence  in  Paris,  an  individual, 
whose  name  is  not  given,  waited  on  liim,  and  informed  him,  that  he 
had  in  his  possession  Mr.  Silas  Dcane's  letter-book  and  all  his  ac- 
counts, whicli  he  proposed  to  sell  to  tiie  English  Minister  for  150 
guineas.  Mr.  Jefferson  examined  the  papers,  and  returned  them,  as 
he  had  no  authority  to  make  jturchases  of  that  sort ; — and  was  told  by 
the  person,  that  he  should  sell  them  to  the  British  government.  Hav- 
ing transmitted  an  account  of  this  business  to  Congress,  Mr.  Jefltrson 
subsequently  received  authority  to  buy  the  manuscripts,  which  he  ef- 
fected, by  means  of  a  friend  in  London,  for  40  guineas.  They  were 
deposited  in  the  Department  of  State.  The  individual  was,  no  doubt, 
sent  by  Deane  himself;  and  it  is  quite  evident,  that  the  British  go- 
vernment did  not  coiieidcr  the  papers  of  any  value  ;  or,  at  least,  not 
worth  40  guineas. 


m 


(     ^0     ) 


CHAPTER   III. 

TREATY  OF  1783  WITH  THE  NETHERLANDS. 

Second  power  to  make  a  Treaty  with  United  States — War  between 
United  Provinces  and  England — Causes — Lee,  failing  at  Berlin, 
etiters  secretly  into  a  correspondence  with  the  Regency  of  Amsterdam 
— not  suspected  by  Sir  Joseph  Yorke — Early  correspondence  between 
Van  Berckel  and  commissioners — Lee  agrees,  at  Frankfort,  on  a 
Treaty  with  JVeufville — Secret  discovered  by  capture  of  Laurens — 
Amstersdam  richest  City  in  Europe — Laurcns^s  letters  from  Tower  of 
London — Laurens  chosen  to  Holland — Subsequently  Adams — [lis  1st' 
ters  from  Holland — States  General  very  dilatory  in  recognising  In- 
dependence— Three  classes  of  Treaties — Remarks  on  A''ational  Law 
— JVeutral  Rights  badly  defined — United  States  first  commercial 
rival  of  England — Other  nations  rivals  in  war — Mr.  Adams  con- 
cludes a  Treaty,  and  makes  Loans — Fan  Berckel  appointed  Minister 
to  United  States. 

The  government  of  the   United  Netherlands,*  was  the 
second  power  in  Europe,  that  made  a  treaty  with  the  Unit- 

*  The  reader  will  observe,  that  tliis  kingdom,  as  now  constituted, 
did  not  exist,  until  tiie  year  1814  j  it  is  one  of  the  creations  of  the  trea- 
ties of  Paris,  and  of  Vienna.  The  treaty  of  Paris,  of  May  of  that  year, 
assigned  to  Holland,  placed  nndcr  the  goveninicnt  of  the  Honse  of 
Orange  Nassau,  an  addition  of  tcrritoi  v .  To  this  dominion,  the  Allied 
Sovereigns,  at  the  time  they  were  in  London,  in  the  snmnier  of  1814, 
annexed  Belgium. — (SchocU,  vol.  x,  p.  534.)  The  limits  of  this  king- 
dom were  afterwards  defined,  in  the  2d  article  of  the  treaty  of  Vienna, 
of  May  1815. — (Recueil  dcs  Pieces  Oflicielles,  &c.  vol.  viii.  p.  309.)  In 
the  time  of  the  American  Revolution,  Belgium,  (laBelgiqne,)a  modern 
French  name,  (Belgica  Gallia,)  for  what  was  called,  in  English  geo- 
graphy, the  Netherlands,  or  the  Low  Countries,  was  divided  into 
French,  Dutch,  and  Austrian  Flanders,  and  did  not  exist  as  a  separate 
government.  The  treaty  of  1783  was  made  with  that  part  of  the 
present  kingdom  of  the  Netherlands,  called,  in  the  treaty  of  Paris  of 
1814,  Holland.  It  is  well  known,  in  history,  by  the  title  of  the  States 
General,  or  Seven  United  Provinces  of  Holland. 


■^ 


TREATY  OF  '82  WITH  THE  NETHERLANDS. 


11 


ed  States,  though  not  actually  signed,  till  the  year  1782, 
towards  the  close  of  the  revolution  ;  but  with  the  exception 
of  France,  America  derived  more  aid  from  Holland,  in  the 
shape  of  miUtary  stores,  and  money,  and  by  obtaining  pro- 
tection for  her  vessels  in  tht  Dutch  West  Indies,  than  any 
other  Slate  in  Europe. 

The  connexion  of  Holland  with  America, — the  severity 
with  which  England  exercised  her  great  power  on  the  ocean, 
in  relation  to  convoys,  contrabands,  and  the  privileges  of  the 
neutral  flag,  in  the  beginning  of  the  contest  with  the  colo- 
nies,— produced  a  feeling  of  extreme  irritation  and  jealousy  i 
and  ultimately  led,  in  1780,  to  a  declaration  of  hostiliti'^s,  on 
the  part  of  the  latter  government.  An  English  writer  ha8 
explained,  in  a  full  and  able  manner,  the  cause  of  this  war, 
an  event,  in  which  the  United  States  were,  at  the  time, 
greatly  interested.  We  cannot  do  better  than  extract  a 
portion  of  his  remarks;  though  a  proper  allowance  should 
be  made,  for  the  warmth  witii  which  the  author  vindicates 
the  acts  of  his  government,  and  the  princi;;les  of  English 
maritime  law  : — 

"At  th^-  commencement  of  hostilities  between  Great  Britciin  and 
her  colonies,  Ilollund,  in  conformity  uiih  the  conduct  of  other  Eu- 
ropean powers,  forbad  the  export  of  ammunition  and  stores  for  one 
year ;  but,  when  the  success  of  the  colonists,  and  the  declaration 
of  independence,  afforded  flattering  hopes  of  acquiring  a  portion  of 
that  commerce,  which  the  English  had  hitherto  monopolized,  Hol- 
Uipd  brgan  to  grasp  at  the  advantage,  and  encouraged  an  illicit 
trade  with  America.  Every  motive  arising  from  long  and  benefi- 
cial alliance,  similarity  in  religion,  and  political  interests,  combin- 
ed to  deter  Holland  from  a  mode  of  conduct,  repugnant  from  the 
interests  of  Great  Britain;  but  a  faction,  in  the  French  interest, 
and  inimical  to  the  Stadtholder,  inHuenced  all  the  proceedings  of 
government.  The  open  encoura'^ement,  afforded  to  American 
privateers,  in  the  Dutch  West  India  islands,  occasioned  a  long  cor- 
respondence, which  terminated  in  the  delivery  of  a  spirited  me- 
morial by  Sir  Joseph  Yorke,  the  British  ambassador  at  the  Hague. 
Th(i  States  General  returned  an  humble  and  complying  answer, 
denying  an  intention  to  recognise  the  independence  of  America, 


if^ 


72 


TREATY  OF  '82  WITH  THE  NETHERLANDS. 


and  conseDting  to  the  recall  of  Van  Graaf ;  but  they  complained  of 
the  harsh  terms  in  the  memorial, — and,  as  a  mark  of  indignation, 
ordered  Count  Walderen,  their  envoy  extraordinary  in  London, 
not  to  correspond,  on  the  occasion,  with  Sir  Joseph  Yorkc,  or  Lord 
Suffolk,  the  secretary  of  state,  but  to  deliver  his  memorial  to  the 

King  in  person." "  Sir  Joseph  Yorke   had  resided  in  Holland 

27  years,  was  thoroughly  acquainted  with  the  state  and  temper  of 
parties,  and  knew  the  preponderance  of  French  interest,  and  the 
fatal  supineness  of  the  Stadtholder.  He  vindicated,  in  an  able  me- 
morial, the  conduct  of  Great  Britain  ;  and,  while  he  displayed  the 
moderation  of  the  King,  in  not  plunging  Holland  into  a  war,  by  de- 
manding the  succours,  stipulated  in  the  treaties  of  1G70  and  1716, 
proposed  to  discuss  the  grievances  in  a  conference, — prefacing  the 
offer  with  an  assurance,  that  the  prevention  of  contraband  trade 
should,  in  the  mean  time,  be  subject  to  no  interpretation,  unwar- 
ranted by  the  rules  of  equity,  and  the  practice  of  perfect  generosi- 
ty. This  proposal  occasioned  violent  exertions  among  the  French 
party.  The  Duke  de  Vauguyon,  ambassador  from  the  court  of 
Versailles,  endeavoured  to  pique  the  pride  and  interest  of  the 
Dutch,  by  demanding  a  clear  and  explicit  determination,  to  accept 
or  renounce  the  advantages  of  commerce,  proffered  by  a  decree  of 
the  French  Council  of  State,  allowing  the  traffic  in  naval  stores, 
during  the  war.  Tlie  proposition  was  not,  however,  accepted  ; 
find  the  French  Court  repealed  the  permission  given  to  Holland, 
of  trading  with  them  dutyfree, — adinitting,  to  the  exclusive  enjoy' 
ment  of  this  privilege^  Amsterdam  cdone^  '  in  consideration  of  the  pa- 
triotic exertions  made  by  that  city,  to  persuade  the  republic  to  pro- 
cure, from  the  court  of  London,  the  security  of  that  unlimited  com- 
merce, which  belonged  to  the  Dutch  flag.' " — —"The  arts  and 
influence  of  France  were,  however,  more  effectual  than  the  re- 
monstrances of  England  ;  and,  when  Spain  was  added  to  the  hostile 
combination,  the  striking  partiality  of  Holland,  towards  the  ene- 
mies of  Great  Britain,  rendered  more  decisive  explanations  indis- 
pensable. Sir  Joseph  Yorke,  therefore,  in  pursuance  of  instruc- 
tions from  England,  demanded  from  the  States  General  the  suc- 
cours, stipulated  in  the  several  treaties,  of  wiiich  the  casus  fiederis 

was  fully  explained  in  the  separate  article  of  171G." "  At  this 

juncture,  a  fresh  cause  of  dispute  arose,  in  consequence  of  the  re- 
esjeption  afforded  to  Piiul  Jones  and  his  prizes,  in  the  harbours  of 


TREATY  OF  '83  WITH  THE  NETHERLANDS. 


73 


the  republic.  Sir  Joseph  Yorke  demanded  the  detention  of  the 
shipi  and  crews ;  as  Paul  Jones,  though  a  pretended  American, 
was  a  native  of  Scotland,  a  pirate,  rebel  and  str.te  criminal.  The 
States  General  refused  compliance,  alleging  their  constant  maxim, 
not  to  decide  on  the  legality  of  captures  by  the  vessels  of  any 
other  country." "  The  state  of  sullen  dissatisfaction,  which  oc- 
casioned the  abolition  of  the  ancient  connexion  between  Great 
Britain  and  Holland,  resolved  itself  into  active  hostility ;  the  mys- 
tery, which  had  covered  the  views  and  conduct  of  the  Dutch,  was 
dispelled  by  accident;  and  the  court  of  Great  Britain  was  impelled 
to  a  firm  and  decisive  mode  of  conduct,  as  well  in  resentment  of 
past  treachery,  as  with  a  view  to  counteract  the  effects  of  the  neu- 
tral league.  The  Vestal  frigate,  commanded  by  Captain  Keppel, 
took,  near  the  Bunks  of  Newfoundland,  a  Congress  packet.  The 
papers  were  thrown  overboard  but,  by  the  intrepidity  of  an  Eng- 
lish sailor,  recovered  with  little  damage.  They  fully  proved  the 
perfidy  of  the  Dutch  ;  who,  before  the  existence  of  any  dispute, 
entered  into  a  formal  treaty  of  amity  and  commerce  with  the  re- 
volted colonies,  fully  recognising  their  independence,  and  contain- 
ing many  stij)ul;itions,  highly  injurious  to  England,  and  beneficial  to 
her  enemies,  both  in  Europe  and  America.  Disagreements  on 
some  of  the  arrarigemonts,  had  occasioned  delays  in  its  completion  ; 
but  Ilcnry  Laurens,  late  President  of  the  Congress,  who  was  one 
of  the  passengers  in  the  captured  vessel,  was  authorized  to  nego- 
tiate definitively,  and  entertained  no  doubt  of  success." "This 

remonstrance  also  failing,  a  royal  manifesto  was  issued,  declaring 
liostilities  against  Holland." 

We  shall  have  occasion  to  remark,  under  the  head  of 
Prussia,  that  William  Lee,  of  Virginia,  was  sent  by  Congress 
to  Berlin,  as  commissioner,  as  early  as  1777  ;  but  it  does  not 
appear  that  any  person  had  been  directed  to  proceed  to  Hol- 
land ;  for  the  ancient  alliances,  and  friendly  treaties,  between 
the  provinces  and  Great  15ritain,  made  it  extremely  unlikely, 
any  assistance  could  be  obtained  in  that  quarter.  The  great- 
er part  of  Dutch  commerce  being  obliged  to  pass  through 
the  British  channel,  and  the  navy  being  in  a  state  of  decay, 
Holland  was  necessarily  under  the  control,  to  a  great  degree, 
of  the  English  fleets.      It  is  evident,  however,  that  as  early 

VOL.    I.  10 


74 


TREATY  OF  '82  WITH  THE  NETHERLANDS. 


as  October  1778,  some  correspondence  had  taken  place  be- 
tween the  commissioners  at  Paris  and  Francis  Van  Berckel, 
a  burgomaster  of  Amsterdam.  In  answer  to  a  letter  from 
him,  they  propose  that  a  person  should  be  sent  to  Aix-la- 
Chapelle  to  treat  of  the  business  of  a  Convention  in  the  most 
secret  manner.  But  this  intercourse  was  never  suspected 
by  the  British  minister.  Sir  Joseph  Yorke.*  Though  his 
letters  to  the  States  General  abound  with  complaints  and  re- 
monstrances, upon  '  almost  all  topics,  touching  the  neutral 
character  of  the  Dutch,  there  is  not  the  most  distant  allusion 
to  any  secret  correspondence  between  any  one  of  the  provin- 
ces and  the  American  government.  He  certainly  was  not 
aware,  that  the  confederacy  had  an  agent  at  Amsterdam,  or 
its  neighbourhood.  The  correspondence,  however,  was  con- 
fined to  the  government  of  one  of  the  principal  towns  of  the 
United  Provinces,  well  known  to  have  great  influence  over 
the  whole  Dutch  confederacy ;  and  there  is  no  reason  to 
suppose,  that  it  was  known  to  the  States  General.  On  the 
4th  of  September  1778,  Mr.  Lee  agreed  with  M.  de  Neuf- 
vilie,  a  respectable  merchant  of  Amsterdam,  acting  by  the 
authority  of  Mr.  Van  Berckel,  pensionary  of  the  city,  on  the 
plan  of  a  treaty  of  commerce  and  amity  between  the  two 
countries.  These  gentlemen  appear  to  have  met  by  acci- 
dent at  Frankfort,  (Mr.  Lee  being,  probably,  on  his  return 
from  Germany)  and  in  that  city  the  treaty  was  drawn  up 
and  signed. f  He  had  no  authority  from  the  commissioners 
to  act,  and  they  afterwards  disavowed  the  proceeding,  though 
in  a  letter  to  the  secret  committee  from  Paris,  dated  Sep- 
tember 12,  1778,  he  expresses  some  doubts,  whether  he 
shall  communicate  the  instrument  to  them.  But  the  transac- 
tion was  the  official  act  of  the  pensionary,  as  appears  from 
the  following  declaration.  "  This  is  a  rough  plan  of  a 
Treaty  of  Commerce,  which,  in  consequence  of  the  appoint- 
ment and  instructions  of  the  honourable  Mr.  Engelbert  Fran- 
cis Van  Bercke.,  counsellor,  pensionary  of  the  city  of  Am- 
sterdam, to  me,  John  de  Neufville,  citizen  of  the  said  city  of 


*  Afterwards  Lord  Dover. 

t  See  Parliamentary  His.  vol.  xxi.  app.  98,  for  this  treaty. 


TREATY  OF  '82  WITH  THE  NETHERLANDS. 


75 


Amsterdam,  I  have  perused,  considered  and  settled  with 
William  Lee,  Esq.  Commissioner  of  Congress,  as  a  proper 
treaty  of  commerce  to  be  entered  into  between  their  high 
mightinesses,  the  States  of  the  jven  United  Provinces  of 
Holland,  and  the  United  States  of  North  America.  This 
done  at  Aix-la-Chapellc,  the  4th  of  September  1778. 

John  de  Neufville." 


We  shall  not  extract  any  portion  of  this  treaty,  as  it  does 
not  differ  materially  from  the  one,  subsequently  concluded 
with  the  provinces,  though  not  so  full  and  definite  in  some 
provisions.  Mr.  Lee  was  not  furnished  with  power,  from 
his  government,  even  to  open  a  negotiation,  and  the  regency 
of  Amsterdam  acted,  in  the  business,  only  by  their  own  au- 
thority. The  instrument,  it  is  obvious,  was  not  binding 
upon  either  party.  Indeed,  it  may  well  be  matter  of  doubt, 
whether  the  proceeding  was  much  more  than  the  private  act 
of  Mr.  Van  Berckel  and  his  friends  ;  for  Amsterdam  was,  at 
that  time,  the  centre  of  the  factions  and  parties,  that  dis- 
tracted and  divided  the  "  republic."  It  appears,  however, 
that,  when  the  documents,  accompanying  this  transaction, 
were  communicated  by  the  States  General  to  the  Pensionary 
and  magistrates  of  that  city,  the  all'air  was  justified  by  them. 
And,  it  is  probable,  the  arrangement  would  never  have  been 
known,  but  for  the  unlucky  accident,  by  which  Mr.  Laurens' 
papers  fell  into  the  hands  of  the  enemy.  We  shall  observe, 
in  this  place,  that  the  States  General,  in  November  1780, 
disavowed,  on  the  requisition  of  Sir  Joseph  Yorkc,  the  con- 
duct of  the  Pensionary,  as  having  taken  place  without  their 
kiiowledge  ;  but  they  refused  to  punish  him,  or  any  other 
person,  concerned  in  the  transaction.  Tlieir  High  Mighti- 
nesses took  that  m 'h'ir,  as  they  expressed  it,  ad  referendum  ; 
the  nature  of  that  process,  in  the  Dutch  government,  can 
easily  be  guessed.* 

*  The  States  General  onlcretl  Jones  to  leave  the  Tcxcl,  after  he  liad 
been  supplied  with  what  seemed  to  be  required  by  Imiiianity.  Tlie 
English  would  not  allow  tlie  Dutch  to  carry  to  its  enemy  ship  timber, 
though  it  was  not  specified  among  the  contrabands,  by  the  treaty  of 


76 


TREATY  OF  '83  WITH  THE  NETHERLANDS. 


When  this  secret  proceeding  became  known  to  the  Ameri- 
can Congress,  they  were  at  once  satisfied  of  the  feelings  of, 
at  least,  a  portion  of  the  people  of  Holland.  In  those  days, 
Amsterdam  was,  probably,  the  richest  city  in  Europe  ;  the 
rate  of  interest  was  usually  low  ;  and  not  only  many  foreign 
merchants,  but  even  governments,  were  in  the  habit  of  o^ien- 
ing  loans  in  that  celebrated  mart.  Money  could  be  procur- 
ed on  more  favourable  terms,  from  the  circumstance,  that 
Amsterdam  was  just  showing  the  first  symptoms  of  its  de- 
cline.'*' Great  capitals  had  been  accumulated  ;  but  its  trade 
having  fallen  olf,  while  the  well  known  habits  of  industry, 
prudence  and  frugality  of  its  merchants  remained,  there  was 
a  redundancy  of  money  in  the  home  market.  Amsterdam, 
with  the  other  cities  of  Holland  and  the  Low  Countries, was 
then  beginning  to  feel  the  fatal  influence  of  that  power  and 
competition,  which  has  since  deprived  them  of  their  colonies 
and  carrying  trade.  The  two  epochs,  to  which  we  may 
assign  the  origin  of  this  commercial  superiority,  are  the  trea- 
ties of  1763,  and  that  of  1783  between  America  and  England. 

Congress  made  no  preparations  before  October  1779,  to 
open  a  direct  communication  with  the  Low  Countries.  Mr. 
Laurens,  of  South  Carolina,  was,  in  that  month,  chosen,  both 
to  make  a  treaty  of  amity  and  commerce,  and  to  negotiate  a 
loan,  not  to  exceed  10,000,000  dollars  in  amount,  at  a  rate 
of  interest,  not  to  exceed  G  per  cent.  We  have  already 
said,  that  Mr.  Laurens  was  taken,  the  next  year,  going  to 
Holland. f  Mr.  Adams,  who  had  previously  gone  to  Europe, 
in  the  capacity  of  a  commissioner  for  a  general  peace, 
was  directed  to  proceed  to  Holland,  on  the  business  assigned 
to  Mr.  Laurens,  and  arrived  there  in  the  beginning  of  the 
year  '81.|      In  the  preceding  autumn  the  same  commissioner 

1G74.  Tlie  English  contended,  tliat  wood  was  included  in  tJiosc  clau- 
ses of  the  subsequent  treaties,  wliicli  forbid  tJje  Dutch  to  assist  the 
enemies  of  Great  IJritain  with  any  article  required  in  war. 

*  M.icpItersoii'H  Annals  of  0)n)mcrce,  vol.  iii. 

f  He  was  not  liberated  till  '82,  when  he  was  exchanged  for  Lord 
Cornwallis. 

t  Mr.  Laurens,  it  is  well  known,  was  thrown  into  the  Tower  and 
confined  many  months.     We  have  seen  several  of  his  letters,  while 


TRRATT     or    '82     WITH     THE    KETHERT.ANTIS. 


77 


made  a  journey  to  Amsterdam  from  Paris  for  the  purpose  of 
procuring  a  loan,  but  he  m'et  with  no  encouragement.  Se- 
veral letters,  addressed  to  the  Vresident  of  Congress  from 
that  city  still  exist,  but  we  shell  limit  our  extracts  to  two 
paragraphs,  written  in  the  month  of  December. 

"  War  is  to  a  Dutchman  the  greatest  of  evils.  Sir  Joseph  Yorke 
is  so  sensible  of  this,  that  he  keeps  alive  a  continual  fear  of  it  by 
memorials  after  memorials,  each  more  affronting  to  any  sovereign- 
ty of  delicate  notions  of  dignity  than  the  former.  I3y  this  means 
he    keeps  up  the  panic,  and  while   this  panic  continues,  I  shall 

in  England  ;  we  shall  extract  only  two  ; — one,  dated  Tower  of  Lon- 
don, December  20, 1781,  nnd  written  with  n  lead  pencil.  "Almost  fif- 
teen months  I  have  been  closely  confined,  and  inhumanly  treated,  and 
even  now  have  not  a  prospect  of  relief.  The  treaty  for  exchange  is 
abortive.  There  has  been  languor  or  neglect  somewhere.  If  I  want 
your  attention,  you  will  no  longer  delay  the  only  speedy  and  efficacious 
means  for  my  relief.  Enter  this,  if  you  please,  nnd  what  it  miy  pro- 
duc3,  on  your  secret  journal,  nnd  pardon  the  omission  of  ceremony. 
I  am  full  of  love  and  respect  for  you.  Henry  Laurens.  A  friend  will 
trace  the  direction  in  ink."  "  Amsterdam,  30  March  1782.  On  the 
31  December,  being,  as  I  had  long  been,  in  a  state  of  extreme  ill 
health,  unable  to  rise  from  my  bed,  I  was  carried  out  of  the  Tower  to 
the  presence  of  the  Lord  Chief  Justice  of  Engla  I,  nnd  admitted  to 
bail,  to  appear  at  the  Court  of  King's  P'mch  on  the  first  day  of  Easter 
Term,  and  not  to  depart  thence  without  leave  of  the  court.  This 
measure,  it  seems,  had  been  preconcerted  and  determined  on  without 
ray  solicitation  or  knowledge,  but  I  refused  to  enter  into  that  or  any 
other  obligation,  till  I  had  previously  made  the  following  declaration 
to  Mr.  Chamberlain,  solicitor  of  the  treasury,  in  the  hearing  of  divers 
officers  of  the  court,  the  governor  and  deputy  governor  of  the  Tower, 
who  attended,  on  the  occasion,  at  Serjeants  Inn.  'In  order  to  ])re- 
vent  or  save  trouble,  as  I  do  not  know  the  nature  of  the  obligation  to 
be  required  of  me,  I  think  it  necessory  to  premise,  that  I  will  do  no 
act,  that  shall  involve  me  in  an  acknowledgment  of  subjection  to  this 
realm,  and  that  I  save  and  reserve  to  myself  all  the  rights  and  claims 
of  a  citizen  of  the  United  free  and  independent  States  of  North  Ameri- 
ca.' This  solemn  abjuration  of  the  king  in  one  of  his  own  courts  was 
going  as  far  as  decency  would  permit,  and  I  was  at  that  moment  in  so 
low  and  languishing  a  state,  that  I  could  express  myself  no  further. 
None  but  God  knows  what  I  suffered,  and  I  expected  nothing  less 
than  to  bo  remanded  immediately  to  the  Tower." 


78 


TREATY  OP  '83  WITH  THE  NETHERLANDS. 


certainly  have  no  success  at  all.     No  man  dares  engage  for  me— 
very  few  dare  see  rae." 

"  The  Dutch  say  that  the  English  are  acting  the  part  of  the  sail- 
or, who,  having  quarrelled  with  three  others  as  stout  as  himself, 
and  got  his  hones  broke,  and  his  eyes  beat  out,  in  the  squabble, 
challenged  four  more  to  light  him  at  the  same  time,  that  he  might 
have  it  in  his  power  to  make  it  up  with  all  seven  with  /ionowr." 

Notwithstanding  the  "  republic"  was  at  this  time  at  war 
with  England,  and  a  party  to  the  armed  neutrality,  the  pro- 
vinces do  not  appear  to  have  participated  in  the  eagerness  of 
Amsterdam  to  recognise  the  independence  of  the  United 
States.  The  States  General  were  dilatory  in  all  business, 
the  forms  of  the  government  rendering  despatch  impossible. 
Nothing  can  proceed  rapidly,  where  each  member  of  a  diet 
or  assembly,  not  only  holds  in  his  own  vote  an  absolute  ne- 
gative, but,  before  he  is  permitted  even  to  give  that  vote, 
he  is  obliged  to  report  the  whole  matter  under  consideration 
to  a  separate  legislative  body,  who  take  as  much  time  as 
they  think  proper  to  examine,  discuss,  and  deliberate,  be- 
fore they  send  instructions  to  their  delegate  at  the  States 
General.  There  being  seven  distinct  sovereign  legislatures, 
Mr.  Adams  did  not  succeed  till  the  autumn  of  '82  in  obtain- 
ing from  all  the  provinces  their  consent  to  the  ratification  of 
a  treaty.^     Gueldcrland  was  the  last  state,  that  recognised 

*  This  treaty  of  amity  and  commerce  was  concluded  on  the  8th  of 
October  1782  by  Mr.  Adams  for  America,  and  George  Van  Randwyck 
and  seven  others,  deputies  and  plenipotentiaries,  for  the  United  Ne- 
therlands. Tlie  treaty,  consisting  of  29  articles,  places  commerce  on 
the  footing  of  the  most  favoured  nation.  Tl»c  4tli  article,  respecting 
liberty  of  conscience  is,  we  believe,  peculiar  to  the  treaties  made  by 
the  U.  ritates  with  the  protcstant  nations  of  the  continent  of  Europe  ; 
a  similar  provision  will  be  found  in  the  treaties  with  Sweden  and 
Prussia. 

"  Art.  4.  There  shall  be  an  entire  and  perfect  liberty  of  conscience 
allowed  to  the  .subjects  and  inhabitants  of  each  party,  and  to  their 
families,  and  no  one  shall  be  molested  in  regard  to  his  worship,  pro- 
vided he  submits,  as  to  the  public  demonstration  of  it,  to  the  laws  of 
the  country.  Thcrt  shall  be  given,  moreover,  liberty,  when  any  sub- 
jects or  inhabitanld  of  either  party  shall  die  in  the  territory  of  the 


TREATY  or  '82  WITH  THE  NETHERLANDS. 


79 


the  independence,  though  others  were  quite  early  in  declar- 
ing their  sentiments.     We  sliall  not  sijcak,  in  detail,  of  the 

other,  to  bury  tlmm  in  tlio  nsuni  biiryiiif?  pincrs,  or  in  decent  and  eon- 
vciiiont  grounds  to  be  aitpdintcd  for  tbiit  purpoHc,  ns  occusion  shall 
require  ;  and  tlio  dead  l)odit's  oftlmso  wiio  arc  i)uried, shall  not  in  any 
wise  be  molested.  And  the  two  contracting  parties  shall  provide, 
each  one  in  his  jurisdiction,  that  their  respective  subjects  and  inhabi- 
tants may  henceforward  obtain  the  rcijuisito  certilicates  of  deoths,  in 
which  they  shall  bo  interested. 

"  Art.  0.  Citizens  of  each  party  may  dispose  of  their  effects,  by  will 
or  otherwise,  in  the  dominions  of  the  other. 

"Art.  9.  Citizens  of  either  party  allowed  to  nionago  their  own  busi- 
ness, in  the  dominions  of  the  other,  &c. 

"  Art.  10.  A  free  trade  was  allowed  to  enemy's  ports — a  vessel,  met 
at  sea  and  delivering  contrabands,  was  allowed  to  pass. 

"Art.  11.  Free  ships  free  goods;  and  goods  in  an  enemy's  vessel  as 
in  treaty  of  '78. 

"  Art.  12.  Goods,  found  in  an  enemy's  ship,  liable  to  bo  confiscated, 
unless  put  on  board,  before  declaration  of  war,  or  within  six  months 
thereafter. 

"Art.  10.  In  case  of  shipwreck,  relief  shall  be  afforded,  and  goods 
restored,  if  claimed  within  a  year  and  a  day,  on  payment  of  reasonable 
charges,  &c. 

"Art.  18.  In  case  of  war,  nine  months  allowed  to  citizens  of  cither 
party,  residing  in  the  dominions  of  the  other,  to  sell  and  transport  their 
effects. 

"  Art.  19.  Citizens  of  neither  party  shall  take  commissions,  or  letters 
of  marque,  from  a  prince  or  state  witii  whom  the  other  is  at  war. 

"Art.  24.  The  liberty  of  navigation  and  commerce  shall  extend  to 
all  sorts  of  merchandises,  excepting  only  those  which  arc  distinguish- 
ed under  the  name  of  contraband,  or  merchandises  prohibited,  and 
under  this  denomination  of  contraband  and  merchandises  prohibited, 
shall  be  comprehended  only  warlike  stores  and  arms,  as  mortars,  ar- 
tillery, with  their  artifices  and  appurtenances,  fusils,  pistols,  bombs, 
grenades,  gunpowder,  salt  petrc,  sulphur,  match,  bullets  and  bulls, 
pikes,  sabres,  lances,  halberds,  casques,  cuirasses,  and  other  sorts  of 
arms  ;  as  also  soldiers,  horses,  saddles  and  furniture  for  horses  ;  all 
other  effects  and  merchandises  not  before  specified  expressly,  and 
even  all  sorts  of  naval  matters,  however  ])roper  they  may  be  for  the 
construction  and  equipment  of  vessels  of  war,  or  for  the  manufacture 
of  one  or  another  sort  of  machines  of  war  by  land  or  sea,  shall  not  be 
judged  contraband,  neither  by  the  letter,  nor  according  to  any  pre- 


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80 


TREATY  OF  '82  WITH  THE  NETHERLANDS. 


treaty  made  on  this  occasion,  as  the  leading  provisions  of  it, 
touching  the  exercise  of  the  right  of  search,  contrabands  and 

tended  interpretation  whatever,  ought  they,  or  can  thoy  be  compre- 
hended under  the  notion  of  effects  prohibited  or  contraband.  So  that 
all  effects  and  merchandises,  which  are  nut  expressly  before  named, 
may,  without  any  exception,  and  in  perfect  liberty,  be  transported  by 
the  subjects  and  inhabitants  of  both  allies,  from  and  to  places  belong- 
ing to  the  enemy  ;  excepting  only  the  places  which  at  the  same  time 
shall  be  besieged,  blocked,  or  invested  ;  and  those  places  only  shall  be 
held  for  such,  which  are  surrounded  nearly  by  some  of  the  belligerent 
powers. 

"Art.  2G.  If  the  vessels  of  the  said  subjects  or  inhabitants  of  either 
of  the  parties,  sailing  along  the  coasts  or  on  the  high  seas,  are  met  by 
a  vessel  of  war,  or  privateer,  or  other  armed  vessel  of  the  other  party, 
the  said  vessels  of  war,  privateers,  or  armed  vessels,  for  avoiding  all 
disorder,  shall  remain  without  the  reach  of  cannon,  but  may  send  their 
boats  on  board  the  merchant  vessel,  which  they  shall  meet  in  this 
manner,  upon  which  they  may  not  pass  more  than  two  or  three  men, 
to  whom  the  master  or  commander  shall  exhibit  his  passport,  contain- 
ing the  property  of  tlie  vessel,  according  to  the  form  annexed  to  this 
treaty:  and  the  vessel,  after  having  exhibited  such  a  passport,  sea-let- 
ter, and  other  documents,  shall  be  free  to  continue  her  voyage,  so  that 
it  shall  not  be  lawful  to  molest  her,  or  search  her  in  any  manner,  nor 
to  give  her  chase,  nor  to  force  her  to  alter  her  course. 

"  Art.  27.  Commanders,  &c.  of  public  and  private  vessels  of  the 
United  States,  may  engage  American  seamen  in  ports  of  the  United 
Netherlands,  and  the  same  for  Holland." 

The  form  of  a  passport,  a  certificate,  and  of  a  sea-letter  was  annex- 
ed to  the  treaty.  On  the  same  day,  a  convention  was  agreed  on  rela- 
tive to  prizes  and  re-captures. 

"Art.  1.  Re-captured  vessels  not  having  been  twenty-four  hours  in 
possession  of  an  enemy  of  either  party,  to  be  restored,  on  payment  of 
one  third  salvage  to  the  privateersmen. 

"  Art.  2.  Ile-capttired  vessels,  more  than  twenty-four  hours  in  pos- 
session of  an  enemy,  to  be  entire  prizes  to  privateersmen. 

"Art.  3.  Vessels  of  either  party  re-captured  by  public  vessels  of 
the  other,  to  be  restored,  on  payment  of  a  thirtieth  part,  if  24  hours  in 
possession  of  an  enemy  ;  if  longer,  a  tenth  part. 

"Art.  5.  Vessels  of  war  and  privateers,  to  be  admitted,  with  their 
prizes,  into  the  ports  of  both  nations,  if  not  inconsistent  with  the  22d 
article  of  the  treaty  of  conuuercc." 


TRSATT    OF    '82    WITH    THE    NETHERLANDS. 


81 


pos- 


their 
22d 


the  privileges  of  the  neutral  flag  do  not  differ  from  the  original 
draught  prepared  bj  Congress  for  all  the  commercial  treaties. 
Indeed,  we  may  remark  in  this  place,  that  the  commercial 
treaties,  concluded  by  the  United  States  with  the  powers  of 
Europe,  previous  to  the  peace  of  Ghent,  with  the  exception 
of  England,  contain  the  same  general  principles.  The  only 
additions  on  the  score  of  neutral  rights,  made  to  the  treaty 
of  '78  with  France,  related  to  a  definition  of  blockades,  im- 
munity of  vessels  under  convoy,  and  an  improved  modifica- 
tion in  the  right  of  search.  Some  peculiar  provisions,  as 
will  be  seen  under  their  proper  head,  were  inserted  in  the 
treaty  with  Prussia ;  but,  with  this  exception,  we  have  had 
till  1815  but  two  classes  of  treaties — those  with  England, 
in  which  none  of  the  neutral  rights  are  recognised ;  and 
those  with  the  continent,  in  which  all  the  principal  neutral 
doctrines  are  secured  by  stipulation.  Till  the  year  just 
mentioned,  no  material  change  was  made  on  the  subject  of 
commerce — it  rested  on  the  almost  universal  modern  arrange- 
ment, and  in  the  old  diplomatic  phrase,  of  «  gentis  amicissi- 
mtB.'*^  But  latterly  (beginning  with  England  in  1815) 
another  description  of  commercial  treaties  has  been  intro- 
duced— the  basis  is,  reciprocity  of  duties  and  tonnage  charges 
on  importations,  of  the  growth,  produce  and  manufacture  of 
the  respective  countries.  This  principle,  extended  either 
by  convention  or  legislative  enactment  to  the  principal  states 
in  Europe,  constitutes  a  new  sera  in  the  diplomacy  of  the 
United  States,  and  in  the  commercial  history  of  the  world. 

All  that  part  of  public  law,  called  conventional,  is  laid 
down,  as  it  appears  to  us,  by  writers  on  the  subject,  with 
great  strictness  and  precision,  more  so  than  the  history  of  di- 
plomacy will,  altogether,  justify.  The  acts  and  practices  of 
nations  can  alone  serve  as  a  guide  in  this  business;  and  if 
we  except  the  article  of  contrabands,  the  rights  and  duties 
of  neutrals  are  obscurely  defined  in  the  treaties  of  the  last 
century  and  a  half;  till,  indeed,  we  reach  the  period  of  the 
first  armed  neutrality  and  American  revolution  war.  From 
that  date  more  uniformity  of  principles  exists,  as  it  respects 
treaties,  concluded  by  one  class  of  states.'     Before  the  ap- 


VOL.    I. 


11 


83 


TREATY  or  ^82  WITH  THE  NETHERLANDS. 


i 


pearance,  therefore,  of  this  country,  an  uncommon  variety 
will  be  found  for  the  regulation  of  neutral  rights ;  and,  strict- 
ly speaking,  there  had  been  no  great  neutral  power  in  the 
world  before  the  United  States.     Even  in  treaties  of  very 
exact  language,  a  legitimate  blockade  is  defined  in  a  vague 
manner ;  it  is  made  an  affair  of  construction,  and  to  settle 
construction  between  nations  will  always  be  attended  with 
extreme   difficulties.     We  know  not  how  the  principle  of 
"  free  ships,  free  goods"  was  excluded  from  the  code.     We 
have  not  looked  very  accurately  into  the  collections ;  but  we 
have  no  doubt,  that  three-fourths  of  the  commercial  conven- 
tions since  that  of  Westphalia  in  1668,  expressly  recognise 
this  doctrine ;  and  though  it  is  found,  we  believe,  in  every 
treaty  made   by  this  country,  exuept  those  with   England, 
the  American  government,  at  an  early  period  of  its  histo- 
ry, declared  it  was  not  one  of  the  established  principles  of 
the  commercial  laws  of  nations.'*^     We  have  no  disposition  to 
undervalue  the  labour   of  writers  on   public   law.     On   the 
contrary,  they  have  rendered  great  services  to  mankind  ;  for 
it  is,  obviously,  important,  that  nations  should  possess  a  code 
to  regulate  their  conduct  in  regard  to  each  other.     We  can- 
not reduce  public  or  national  law  to  the  precision  of  munici- 
pal.    This   is  not  necessary.     But  we  may  fairly  suppose, 
that  a  code  so  decidedly  improved  during  the  last  century,  is 
susceptible,  still,  of  greater  perfection.     The  rights  of  bel- 
ligerents are  accurately  defined  ;  so,  that  in  truth,  war,  and 
the  relations  of  nations  in  war,  are  now  regulated  by  precise 
laws.     This  has  been  done  by  the  progress  of  civilization  ; 
and  no  one  will  deny,  it  has  been  highly  beneficial.     There 
is  another  part  of  this  code  still  in  a  confused  and  unsatisfac- 
tory condition  ; — an  adjustment  of  the  rights  and  duties  of 
neutrals.     There  have  been  constant  difficulties  on  the  sub- 
ject of  blockades,  contrabands,  and  the  right  of  search  ;  but 
none  of  them  are  at  all  new ;  they  occurred  with  great  se- 
verity in  the  application  in  the  beginning  of  the  last  century. 
In  the   wars   that  have  just  ended,  in  which  this  country 


*  See  Mr.  Jefferson's  letter  of  July  24, 1793. 


TREATY  or  *82  WITH  THE  NETHERLANDS. 


83 


finally  took  a  part,  and  which  were,  in  some  respects,  mari- 
time, not  a  single  principle,  beneficial  to  the  neutral,  has 
been  secured.  In  all  the  treaties  made  in  the  celebrat- 
ed years  of  1814,  1816,  treaties,  that  appear  to  guaranty 
the  repose  of  the  world  for  centuries,  we  find  no  allusion  to 
the  neutral.  And  it  is,  truly,  a  most  discouraging  circum- 
stance, how  completely  all  armed  neutralities  have  been  dis- 
solved, and  how  entirely  the  obligation  difiierent  states  (this 
country  among  others)  have  entered  into,  to  establish  a  con- 
vention for  the  protection  of  the  neutral,  have  been  forgot- 
ten on  the  return  of  peace.  Still,  he  should  not  be  in  de- 
spair. The  great  improvements,  taking  place  in  society  and 
in  the  intercourse  of  nations,  will  probably  in  time  reach  that 
portion  of  the  code,  that  relates  to  him. 

There  has  been  in  Europe,  for  three  centuries,  in  a  small, 
compact  space,  a  remarkable  collection  and  concentration  of 
powerful  nations ; — the  frontiers  of  the  principal,  laying  so 
close  to  each  other,  that  they  had  become   rivals  rather  in 
arms  than  in  commerce.     Even  the  small  states,  forming  a 
part  of  the  balance  of  power,  were  drawn  by  the  attraction 
of  the  larger  bodies  from   a   neutral  position.     Before  the 
armed  neutrality  of  the  North,  a  scheme  dictated  by  person- 
al ambition  and  desire  of  aggrandizement,  (partaking  entirely 
of  a  political  character,  and  as  far  as  Russia  and  France  were 
concerned)  adopted  for  any  other  purpose  than  the  benefit 
of  neutrals,  the  period  that  may  be  selected,  as  most  mark- 
ed by  favourable  dispositions  in  regard  to  neutrals,  is,  proba- 
bly, that   of  the  peace  and  treaties  of  Utrecht.     It  is  most 
likely  that  the  balance  of  power  was  then   more  fairly  and 
nicely  adjusted  ; — it  may,  also,  be  the  true  date  of  the  be- 
ginning of  British  commercial  supremacy,  though  it  was  not 
very  apparent  till  the  peace  of  1763.     At  any  rate,  as  that 
supremacy  rose,  the  hopes  of  the  neutral  have  fallen.    Since 
the  time  of  Charles  the  V.,  all  Europe  has  been   occupied 
with  a  consideration  of  the  balance  of  power,  applied  to  the 
land,  but  a  proper  attention  does  not  appear  to  have  been 
paid  to  the   unequal  manner,  in  which  power  may  be   dis- 
tributed on  the  ocean.     To  the  maritime  superiority  of  Great 


$i 


TREATY  OF  '82  WITH  THE  NETHERLANDS. 


Britain,  no  effective  and  steady  resistance  has  been  oppos- 
ed for  one  hundred  years,  except  by  this  country.  The 
true  fountain  and  strength  of  that  resistance  consists  in 
the  distant  situation  of  the  United  States, — the  habits  and 
character  of  the  people, — and  the  undoubted  interest  we 
have  in  maintaining  neutrality.  At  the  late  great  division 
.  of  spoil  in  Europe,  England  was  permitted  to  appropriate  to 
her  own  use  the  best  islands  and  commercial  marts  in  every 
sea,  while  the  other  powers  were  busy  in  seeking  indemni- 
ties, reclaiming  statues  and  pictures,  and  rounding  and  squar- 
ing their  territories. 

The  war  with  England,  and  the  movements  in  the  British 
House  of  Commons  in  the  beginning  of  the  summer  of  '82, 
finally  induced  the  provinces,  not  only  to  make  a  treaty,  but 
Mr.  Adams  was  enabled,  under  'hose  favourable  auspices  to 
negotiate  a  loan  with  certain  merchants  of  Amsterdam,  at 
first  (in  September  1782)  for  ^'  5,000,000  guilders  at  5  per 
cent,  redeemable  in  ten  years ; — 2,000,000  at  4  per  cent, 
in  '85;  and,  again,  1,000,000  in  1787  at  5  per  cent. 
The  price  of  these  loans  was,  probably  higher  than  was  paid 
by  other  nations  ;  but  America  did  not  enter  into  the  mar- 
ket of  Amsterdam  with  all  the  advantages  of  a  well  estab- 
lished government.  When  the  first  loan  was  contracted  in 
September  '82,  very  little  doubt  could  exist  but  that  Ameri- 
ca would  be  able  ultimately  to  maintain  her  independence 
against  the  claims  of  the  mother  country.  But  this  was  not 
sufficient  for  the  European  money  lender.  It  was  necessary 
to  satisfy  him,  that  the  confederacy  of  '74,  whose  pledge 
was  his  only  security,  would  remain  united,  would  not  sepa- 
rate into  thirteen  independent  governments,  neither  willing 
nor  able  to  execute  their  engagements.  The  debts,  con- 
tracted by  the  United  States  in  Europe,  during  the  revolu- 
tion, were  all  honourably  paid  ;  but  the  adoption  of  the  con- 
stitution of  '89,  and  the  establishment  of  a  treasury  depart- 
ment, contributed  in  no  smd!  degree  to  this  happy  result. 

*  In  November  1781,  the  French  king  borrowed,  for  the  United 
States,  of  the  States  General,  5,000,000  florins,  at  4  per  cent. 


TRSATY    or    *82    WITH    THB    BnBTIIXRLANDS. 


85 


The  pecuniarj  embarrassments  under  which  the  confederacy- 
laboured,  both  as  it  respects  the  foreign  and  domestic  debt, 
constituted,  in  reality,  one  of  the  principal  arguments  in  fa- 
vour of  the  present  union  of  the  States ;  and  the  Dutch  as 
well  as  French  creditor  is  much  indebted  to  that  change  in 
the  concerns  of  the  country  for  the  speedy  and  exact  pay- 
ment of  his  demands. 

As  the  United  Provinces  were  the  second  state  to  acknow- 
ledge the  independence  of  this  country,  so  they  were  the  se- 
cond to  send  a  minister  plenipotentiary  to  the  Congress  at 
Philadelphia.  This  was  done  with  great  promptitude.  The 
person  appointed  was  P.  T.  Van  Berckel.  He  arrived  in 
America  in  the  autumn  of  '83,  and  in  October  of  the  same 
year  was  admitted,  in  the  form  prescribed,  to  a  public  au- 
dience. He  addressed  a  speech  to  Congress  on  the  occa- 
sion in  the  French  language.  A  greater  interest  than  com- 
mon is  justly  attached  to  his  sentiments,  as  there  is  some 
slight  resemblance  in  the  history  of  the  Dutch  and  American 
revolutions.  •  . ;    v- 


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CHAPTER    IV. 


'  ■  ,  i  '  1  I*  i^^: ' 


if  I  "., 


r^i^*;■•J  ^.r?K-" 


TREATY  OF  17a3  WITH  GREAT  BRITAIN. 


Lord  J^orth  attempts  a  Peace — America  early  conquered  every  thing 
she  sought — Members  of  Parliament  see  Franklin  privately^Minit- 
<ry,  as  well  as  Opposition  against  acknowledgment  of  Independence 
~—Lord  Chatham  speaks  against  it — Mediation  of  European  courts 
—Unsuccessful — Adams''  correspondence  with  Vergennes  respecting 
official  character — Austria  and  Russia  not  in  favour  of  Independence 
—•General  Conniay'^s  resolution — Decides  the  question  of  fVar—JVew 
Ministry — Oswald  and  Grenville  sent  to  Paris — JVot  officially — 
Failed — Lord  Cholmondelly  visits  Franklin — Shelburne'^s  Adminis' 
tration — Franklin'' s  correspondence — Oswald  instructed  to  acknow- 
ledge the  Independence — Account  of  J^egotiation  from  secret  journals 
— Adams,  Franklin,  Jay,  Laurens  and  Jefferson  authorized  to  treat 
—Meet  at  Paris — Jay^s  firmness  in  declining  to  treat — Opposed  to 
Vergennes  and  Franklin — Gets  OswaUPs  commission  altered — Diffi' 
culty  as  to  loyalists— Make  a  compromise  through  violation  of  in- 
structions— Anecdote  of  Jay — Conclude    a    Treaty — Boundaries — 
Fisheries — Agreed  to  Treaty  without  consulting  France —  Violation 
of  Instructions — Explained — Michel's  Map — France  and  Spain  de- 
sirous of  Fisheries  and  Western  Country — De  RaynevaPs  opinion  of 
boundaries — Treaty  honourable  and  favourable  to  America — Unpo- 
pular in  England — Ministry  in  minority  on  first  division — Necessary 
sacrifice. 

Thk  war,  that  led  to  the  independence  of  the  American 
colonies,  began  in  1775.  The  fatal  celebrity,  of  having 
commenced  hostilities,  belongs  to  the  administration,  of  which 
Lord  North  was  first  lord  of  the  treasury,  though  the  origin 
of  the  dispute  may  be  traced  to  an  earlier  period  in  English 
history.  For  nearly  four  years,  this  administration  had  suc- 
cessfully withstood  the  accumulated  disasters  of  the  war 
abroad  ;  and  at  home,  they  had  resisted  with  equal  good  for- 


THE  ATT  or  '83  with  enoland. 


tune  all  the  efforts  of  an  opposition,  as  powerful  by  its  ta- 
lents, as  any  that  had  appeared  since  the  days  of  Sir  Robert 
Walpole.     From  November  '74,  to  February  '78,  we  find 
the  ministry  engaged  in  more  than  fifty  angry,  protracted  de- 
bates, on   topics  directly  connected    with   America ;  for  no 
subject  had,   till   that    time,  attracted   so  much   of  the  at- 
tention of  the  British  Parliament,  or  of  the  civilized  world. 
But  there  is  little  variety  in  the   course  or  progress,  and 
none  in  the  result  of  these  different  propositions.     When  we 
have   read  the  debate  on  the  memorable  provisional   act   of 
Lord  Chatham  in  the  Lords,  or  the  still  more  celebrated  re- 
solutions of  Mr.  Burke  for  conciliation  with  America,  in  the 
House  of  Commons,  both  made  in  the  early  part  of  the  con- 
test, we  have  little  to  learn  either  of  the  manner,  in  which 
motions   were   treated,  or  of  the  fate  to  which  they  were 
consigned.     Thus  matters  stood   till   the   beginning  of  the 
year  '78.     At  that  time  an  unfavourable  change  took  place 
in  American  affairs,  and  in  the  tone  of  the  British  ministry  ; 
— -Burgoyne  had  surrendered  ;  and  an  alliance  was  formed 
with  France ; — one  other  act,   the    capture   of  Cornwallis, 
completed,  as  far  as  England  was  concerned,  the  Revolution. 
The  administration  at  this  period  made  a  decided  effort   for 
peace,  and,  in  that  point  of  view,  an  account  of  the  business 
properly  belongs  to  this  work.     In  the   month  of  February 
of  the  same  year.  Lord  North,  as  unexpectedly  to  his  friends 
as  his  enemies,  suddenly  developed  a  plan,  fully  matured,  of 
abandoning  the  principles  upon  which  he  had  ^'^herto  con- 
ducted the  affairs  of  the  colonies  in  North  Am\     :.     In  in- 
troducing what  were   called    his  "  conciliatory  pi  v>positions" 
into  the  House  of  Commons,  he  declared  it  to  be  the  inten- 
tion of  government  to  send  a  commission  to  America,  to  treat 
with  the  Congress,  to  grant  pardons  and  immunities,  to  re- 
store to  the  colonies  their  ancient  charters,  to  exempt  them 
from  taxation,  and  not  to  require  them  to  renounce  their  in- 
dependence, till  the  treaty  had  been  ratified  by  the  king  and 
parliament. — A  writer  of  the  day  observes  : 

"  A  dull,  melancholy  silence  succeeded  to  the  speech,  made  by 
Lord   North  on  this   occasion.     It  hud  been  heard  with  profound 


I. 


I- 


TRRATY    OF     *83     WITH    ENGLAND. 


•ttentioDf  but  without  a  single  mark  of  approbation  to  any  part 
from  any  description  of  men,  or  any  particular  roan  in  the  house. 
Astonishment,  dejection  and  fear  overclouded  the  whole  assembly. 
Although  the  minister  had  declared  that  the  sentiments  he  express' 
ed  that  day,  had  been  those  which  he  always  entertained,  it  is  cer- 
tain that  few  or  none  had  understood  him  in  that  mauner ;  and  he 
had  been  represented  to  the  nation  at  large  as  the  person  in  it  the 
most  tenacious  of  those  parliamentary  rights,  which  he  now  pro- 
posed to  resign,  and  the  most  remote  from  the  submissions,  which 
he  now  proposed  to  make." 

.Mr.  Fox,  who  followed  Lord  North  in  the  debate,  congra- 
tulated the  public  on  the  conversion  of  the  minister,  and  his 
own  party  on  having  gained  so  powerful  an  auxiliary.  These 
terms,  in  fact,  contained  all  the  stipulations  the  first  Con- 
gress, assembled  in  Philadelphia  in  1774,  proposed  to  ac- 
complish. Thus  America  had,  in  reality,  conquered  at  this 
early  day  every  thing  for  which  she  originally  took  up  arms. 
The  declaration  of  Congress  of  July  4th,  '76  constituted  no 
part  of  the  original  requisitions  or  grievances  of  this  country, 
for  the  war,  in  the  outset,  was  certainly  not  undertaken  for 
independence. 

It  appears,  also,  that  propositions  were  made  about  this 
time  to  Dr.  Franklin,  the  American  commissioner,  by  Mr. 
William  Pultney,  a  member  of  parliament,  who  saw  him  at 
Paris,  under  the  assumed  name  of  Williams.  The  terms  did 
not  differ  from  those,  with  which  Lord  North  proposed  to 
invest  the  British  commissioners.  Another  member  of  par- 
liament, a  Mr.  Chapman,  had  a  conversation  with  Dr.  Frank- 
lin on  the  same  subject.  This  gentleman  was  at  great  pains 
to  collect  information  touching  a  peace ;  and  he  made  such 
proposals,  in  relation  to  independence  and  commercial  privi- 
leges, as  were  then  fashionable  in  England.  The  American 
commissioners  in  Europe,  at  that  period,  had  no  power  to 
treat  with  Great  Britain  ;  but  Dr.  Franklin  informed  Mr. 
Pultney,  that,  in  his  opinion,  America  would  not  make  a 
peace,  in  which  her  independence  was  not  formally  recog- 
nized. 

England  was  anxious  to  separate  the  colonies  from  France, 


TllfJATY     OF     '83     WITH     RNOLANT). 


and  to  re-establish  licr  dominion  over  them  ;  but  there  were 
few  people  in  that  country  in  1778,  disposed  entirely  to  re- 
sign the  control  of  their  ancient  possessions.  The  ministry 
resolved  never  to  acknowledge  the  celebrated  act  of  the 
American  Congress  of  July  '7G  ;  from  every  other  opinion 
and  resolution  they  had  been  gradually  driven  by  the  goad- 
ings  of  the  opposition,  and  calamities  of  every  description  in 
the  course  of  the  war.  Peace  the  Americans  could  have  had 
at  any  moment  after  *78  ; — every  grievance  would  have 
been  redressed  ; — the  mother  country  required  no  other 
condition  from  the  colonies,  than  that  they  should  subject 
themselves  to  the  navigation  act,  or  should  enter  into  such 
commercial  arrangements,  as  would  have  given  to  the  trade 
of  Great  Britain  superior  advantages  to  that  of  other  nations. 
The  power  of  parliament  was  decreed  absolute  and  unlimit- 
ed, but  the  government  was  willing  to  consign,  in  a  treaty, 
limitations  and  exceptions  to  it  in  favour  of  America.  But, 
on  the  other  hand,  the  declaration  of  independence  added  a 
new  feature  to  the  war  ;  compressed  the  dispute  within  nar- 
row limits,  and  reduced  it  to  a  very  simple  proposition. 
The  intricate  questions  of  taxation  and  representation,  of  in- 
ternal and  external  taxation,  of  regulating  commerce  and  of 
raising  revenue,  of  admitting  the  prerogative  of  the  crown, 
but  denying  the  supremacy  of  parliament,  questions  some- 
what metaphysical  and  not  always  perfectly  distinct  in  their 
application,  were  absorbed  by  the  vast  stipulation  of  inde- 
pendence. This  was  the  only  basis  on  which  America,  at 
the  period  when  the  commission  was  appointed,  would  treat 
for  peace.  But  the  mother  country  was  not  yet  prepared 
for  that  concession,  nor  did  the  ministry  exist,  that  would 
have  had  the  courage  to  have  submitted  to  that  act  of  humi- 
liation. Lord  Chatham,  himself,  declared  in  debate,  in  De- 
cember '77,  that  he  was  an  avowed  enemy  to  American  in- 
dependence ; — he  contended  for  a  whig  connexion  between 
the  two  countries,  "  founded  in  a  constitutional  dependence 
and  subordination."  To  this  opinion,  generally  entertained 
by  many  leading  members  of  the  opposition,  Lord  Chatham 
as  often  alluded  in  his  later  speeches  on  the  American  ques- 

VOL,    I.  12 


90 


TREATY    or    '83    WITH    ENGLAND. 


tion,  as  he  had  done  to  the  supremacy  of  parliament  in  his 
earlier  ones  : 

"  My  Lords,"  ho  snid  in  his  last  speech,  on  the  7th  April  *78, 
**  1  rejoice  that  the  grave  hns  not  closed  upon  me,  that  I  am  ttili 
alive  to  liA  up  my  voice  against  the  dismemberment  of  this  ancient 
and  most  noble  monarchy.  Pressed  down  as  I  am  by  the  hand  of 
infirmity,  I  am  little  able  to  assist  my  country  in  this  most  perilous 
conjuncture;  but,  my  lords,  while  I  have  sense  and  memory,  I  will 
never  consent  to  deprive  the  royal  oflspring  of  the  house  of  Bruns- 
wick, the  heirs  of  the  Princess  Sophia,  of  their  fairest  inheritance. 
Where  is  the  man,  that  will  dare  to  advise  such  a  measure.  My 
lor«'  ,  his  majesty  succeeded  to  an  empire  as  great  in  extent,  as  its 
reputation  was  unsullied.  Shall  wc  tarnish  the  lustre  of  this  nation 
by  an  ignominious  surrender  of  its  rights  and  fairest  possessions  ? 
Shall  this  great  kingdom,  that  has  survived,  whole  and  entire,  the 
Danish  depredations,  the  Scottish  inroads,  and  the  Norman  con- 
quest, that  has  stood  the  threatened  invasion  of  the  Spanish  armV 
da,  now  fall  prostrate  before  the  house  of  Bourbon  ?  Surely,  my 
lords,  this  nation  is  no  longer  what  it  was  !  Shall  such  a  people, 
that,  seventeen  years  ago,  was  the  terror  of  the  world,  now  stoop 
80  low  as  to  tell  its  ancient  inveterate  enemy, — take  all  we  have, 
only  give  us  peace  ?    It  is  impossible." 

Indeed,  a  motion  made  in  the  House  of  Commons  by  Mr. 
Powys,  in  April  '78,  to  authorize  the  commissioners,  employ- 
ed to  treat  with  America,  to  declare  the  independence  of 
that  country,  though  supported  by  Mr.  Fox  and  Mr.  Burke, 
seems  to  have  been  generally  discountenanced,  and  was  final- 
ly rejected  without  a  division.  Commissioners  were,  how- 
ever, appointed  under  Lord  North's  act,  who  proceeded  to 
America,  but  the  Congress  refused  to  treat  with  them. 

This  is  the  first  and  only  attempt,  of  which  any  traces  now 
remain,  made  by  Lord  North's  administration  for  a  cessation 
of  hostilities.  They  held  to  the  terms,  proposed  in  the  com- 
mission of  February  '78,  with  a  zeal  and  resolution,  that 
finally  proved  fatal  to  them.  Some  in'erest  may  be  attach- 
ed to  the  first  sincere  endeavour  of  the  mother  country  to 
conclude  a  peace  with  the  United  States  ;  an  effort,  it  is 
true^  not  accompanied  with  the  least  success,  nor  can  it  in 


TREATY  or  *83  WITn  ENOLAND. 


01 


any  way  be  connected  with  the  treaty  of  '83  ;  but  it  belongs 
to  the  diplomatic  history  of  the  period,  and  is  worthy  of  at- 
tention as  illustrating  the  decided  progress  the  "  rebellion  in 
the  Massachusetts,"  as  the  first  lord  of  the  treasury  was  in 
the  habit  of  calling  it,  had  already  made  in  the  course  of  four 
years.  It  will  not  escape  observation,  that  these  terms,  if 
embraced,  substantially  amounted  to  independence,  or  very 
speedily  must  have  resulted  in  that  state  of  things. 

In  1781  a  proposition  was  made  by  the  imperial  courts  of 
Russia  and  Austria,  to  arrange  in  a  Congress,  under  their 
mediation,  the  terms  of  a  general  peace.  This  business  oc- 
cupied the  attention  of  the  European  courts  during  several 
months.  France,  never  satisfied  with  the  manner  in  which 
America,  on  her  part,  conducted  the  war,  probably  disap- 
pointed in  the  advantages  she  expected  to  reap  from  the 
contest,  and  already  embarrassed  to  a  great  degree  in  her 
own  finances,  was  anxious  in  the  extreme  for  peace,  and  took 
great  pains  to  render  the  mediation  effectual.  Though,  se- 
parate from  the  determination  of  the  English  government, 
not  to  bring  the  affair  of  her  colonies  before  a  European 
Congress,  (a  process  attempted  in  our  time  with  equal  ill 
success  in  reference  to  another  part  of  the  American  conti- 
nent) insuperable  difficulties  arose  in  relation  to  the  terms 
that  should  serve  as  the  basis  of  the  mediation,  and  the  man- 
ner in  which  the  representatives  of  America  should  appear. 
We  shall  not  extract  the  articles  of  mediation  offered  by  the 
imperial  courts,  as  they  merely  propose  in  the  usual  form  to 
guaranty  a  general  pacification  ;  but  the  terms  were  obvi- 
ously inadmissible,  as  the  independence  of  the  United  States 
was  not  made  the  basis  of  the  mediation.  Austria  and  Rus- 
sia were  not  much  disposed  to  acknowledge  at  that  time  the 
independence. — An  extract  of  a  letter  from  the  Marquis  de 
Verac,  French  Minister  at  St.  Petersburg,  to  Mr.  Dana, 
American  Commissioner,  who  had  consulted  him  on  the  pro- 
priety of  making  known  the  credentials,  with  which  he  was 
intrusted  for  that  court,  will  leave  little  doubt  on  that  head. 
The  date  of  the  letter  is  September  1781  : 

*'  The  mediating  couila  understand  hy  this  (the  articles)  that 


TREATY    OF     '83    WITH     ENGLAND. 


)f 


your  deputies  shall  treat  singly  with  the  English  irinisters,  as  they 
have  already  treated  in  America  with  the  commissioners  in  1778. 
That  the  conclusion  of  their  negotiation  shall  teach  the  other  pow- 
ers, upon  what  footing  they  are  to  be  regarded,  and  that  their  pub- 
lic character  shall  be  acknowledged  without  diiBcnlty  from  the 
moment  when  the  English^  themselves,  shall  no  longer  oppose  it.  It  is 
the  design  of  the  mediating  powers  to  avoid  committing  them- 
selves, by  acknowledging  the  independence  of  the  United  States, 
till  England  herself  shall  have  pronounced  such  an  acknowledg- 
ment." . 

It  will  not  be  necessary  to  follow  Lord  North's  adminis- 
tration through  the  various  debates,  that  took  place  from  the 
time  of  his  conciliatory  bills  to  the  fatal  resolution  moved  in 
February  '82,  by  General  Conway.  During  that  interval 
the  revolution  made  no  progress  in  Parliament ;  the  opposi- 
tion did  not  gain  a  innn  from  the  ministry  for  three  years  ; 
on  the  contrary,  they  appear  to  have  been  convinced,  that 
the  question  of  peace  or  war,  however  much  discussed  in 
Parliament,  was  not  there  to  be  decided.  America,  itself, 
was  the  scene  of  action  ;  and  the  event  proved  that,  in  that 
country,  the  time  and  terms  of  the  treaty  were  to  bt  dictat- 
ed. Either  the  death  of  Lord  Chatham  had  chilled  a  d  en- 
feebled the  ardour  and  strength  of  opposition,  or  the  idig- 
nation  of  the  nation  was  roused  at  the  alliance  of  the  T  lited 
States  with  their  ancient  enemy.  It  was  said  by  a  f  rson, 
who  interested  himself  infinitely  in  the  concerns  of  A  lerica 
at  that  time,  "  that  England  would  fight  for  a  straw  o  the 
last  man  and  the  last  shilling,  rather  tiian  be  dictatcu  ~  by 
France  ;" — a  declaration  any  person  will  readily  believe,  at 
all  acquainted  with  the  history  of  that  country'.  One  party, 
perhaps,  was  desperate  and  indifferent,  and  the  other  ex- 
hausted and  disgusted.  At  least,  it  is  certain  that,  till  the 
capture  of  Lord  Cornwallis,  less  interest  had  been  manifest- 
ed for  the  affairs  and  fate  of  the  colonies  from  the  winter  of 
'79  to.  that  of  '82  than  in  the  preceding  years.  ^. 

We  shall  now  recite,  with  some  detail,  the  circumstances 
that  immediately  preceded  and  attended  the  celebrated 
peace,   by   which   the   independence   of  this    country   was 


111! 
■lii 


TREATY    OF     '83    WITH     ENGLAND. 


9a 


acknowledged.  This  is  the  first  effort,  recorded  in  hlstorj, 
of  a  proud  and  powerful  government  to  meet,  in  negotiation, 
revolted  and  aspiring  colonics.  And  we  may  add,  the  first 
instance  where  a  parent  state  has  proposed  and  consented  to 
arrange,  in  a  solemn  instrument,  even  after  a  bloody  contest, 
the  terms  of  a  solid  and  sincere  reparation — to  create,  by 
the  simple  process  of  a  treaty,  made  in  the  usual  forms, 
another  great  and  independent  nation  ; — an  event  probably 
as  unexpected  to  the  European  courts,  as  was  the  discovery 
of  the  continent,  where  that  nation  was  founded,  and  from 
which  it  took  its  name.  A  new  state  was  added  to  the  ci- 
vilized family  of  mankind  with  a  government  organized  and 
administered  upon  a  plan,  unknown  and  undreamt  of  either 
in  history  or  speculation,  the  model  and  the  original  of  those 
civil  and  political  institutions,  now  covering  the  vast  conti- 
nent of  North  and  South  America. 

Very  little  change  had  taken  place  in  the  composition  of 
the  ministry  since  the  commencement  of  hostilities  ;  but  to- 
wards  the  close  of  the  war,  a  diversity  of  opinion  existed  on 
the  subject  of  independence.  Lord  North  was  probably  sa- 
tisfied that  it  could  not  be  withheld  ;  his  speeches  betray 
the  unsettled  state  of  his  mind — the  agony  of  a  minister 
struggling  to  disguise  or  repress  opinions,  it  was  both  his 
duty  and  his  desire  not  to  entertain  or  express,  but  which 
were  rapidly  forcing  themselves  upon  his  conviction.  On 
the  other  hand,  Lord  George  Germaine  declared,  in  the  very 
last  debate,  that,  sooner  than  acknowledge  the  independence, 
he  would  retire  from  the  ministry.  And  Mr.  Dundas  went 
even  so  far  as  to  say,  that  the  person,  who  should  propose 
an  avowal  of  it,  would  be  guilty  of  a  crime  little  short  of 
high  treason.  No  peace  could  be  expected  from  this  admi- 
nistration. They  maintained  their  places  upon  the  simple 
tenure  of  not  subscribing  to  the  single  condition  on  which  a 
peace  could  be  made  ;  and  while  a  prospect  remained  of  re- 
gaining the  colonies,  the  great  majorities,  with  which  the 
ministry  began  the  war,  remained  faithful  to  them.  The  22d 
February  1782,  General  Conway  made  a  first  motion  in  the 
Commons  for  putting   an  end  to  the  American  war.     This 


94 


TREATY    OF    *83    WITH    ENGLAND. 


motion,  after  a  debate  that  lasted   till  two  o'clock  in   the 
morning,  was  lost  by  the  majority  of  a  single  vote,  193  to 
194  ;  but  as  the  question  had   been  decided  by  so  slight  a 
majority,  Mr.  Fox  immediately  gave  notice,  that  the  motion 
would  be  shortly  renewed.     Accordingly,  on  the  27th  of  the 
same  month,  a  motion  similar  in  substance  was  made  by  the 
same  member,  and  at  a  very  late   hour   this   resolution  was 
adopted  by  a  vote  of  234  to  215,  leaving  ministers  in  a  mi- 
nority of  nineteen. — The   administration  had  suffered   itself 
to  be  conquered  in  America  ;  but  the  triumph  of  its  adver- 
saries at  home  was  a  tardy  and   faint   one.     The  House  of 
Commons  relinquished  the  contest  with  evident  reluctance. 
Indeed,  we  shall  shortly  see,  that  these  votes  did  not  at  all 
indicate  the  feelings  of  that  body  on  the  subject  of  independ- 
ence, and  that  a  portion  of  the  members  still  believed,  the 
colonies  would   be  reannexed  to  the  empire.     Lord   North 
was  abandoned,  because  it  was  out  of  the  question  to  conti- 
nue the  war  ;  but  this  did  not  necessarily  lead,  in  the  minds 
of  all,  to  the  further  immediate  consequence — the  acknow- 
ledgment of  independence.     The  next  Cabinet,  even  formed 
as  it  was  on  the  ruins  of  the  war  ministry,  refused  to  recog- 
nise the  act  of  July  '76  ;  it  was  dissolved  partly  on  account 
of  this  circumstance,  and   partly  on  account  of  the  death  of 
the   Marquis  of  Rockingham.     Mr.  Fox,  one  of  the  Secre- 
taries of  State,  withdrew  when  it  was  ascertained  that  a  prin- 
cipal condition  on  which  it   had  been   composed,  the  inde- 
pendence of  America,    was  disavowed   by  a  majority  of  the 
Cabinet.      It  would  not  be,  therefore,  quite  correct  to  say, 
that  the  vote  of  February  27th,  though  it  settled,  as  far  as 
England  was  concerned,  the  question  of  war,  decided,  in  the 
fiame  view,  that  of  independence. 

Towards  the  end  of  March  '82,  the  new  administration 
was  formed,  and  was  called  the  Rockingham,  from  the  name 
of  the  nobleman  at  the  head  of  it.  Mr.  Fox  and  Lord 
Shelburne  were  the  principal  Secretaries  of  State.  Lord 
Cholmondely,  a  young  English  nobleman  returning  home 
through  France  from  Italy,  about  this  time,  paid  a  visit,  pro- 
bably at  the  suggestion  of  individuals  in  power  in  England, 


TB£ATT  OF  '83  WITH  ENGLAND. 


95 


to  Dr.  Franklin,  who,  on  the  representations  made  by  him, 
took  that  opportunity  to  write  a  private  letter  to  the  noble- 
man at  the  head  of  the  foreign  department,  with  whom  he 
had  formerly  been  acquainted. 

"  Lord  Cholmondely  having  kindly  offered  to  take  aletter  from  me 
to  your  Lordship,  I  embrace  the  opportanity  of  assuring  the  con- 
tinuance of  my  ancient  respect  for  your  talents  and  virtues ;  and 
of  congratulating  you  on  the  returning  good  disposition  of  your 
country  in  favour  of  America,  which  appears  in  the  late  resolutions 
of  the  Commons.  I  am  persuaded  it  will  have  good  effects.  I 
hope  it  will  tend  to  produce  a  general  peace,  which  I  am  sure  your 
Lordship,  with  all  good  men,  desires,  which  I  wish  to  see  before  I 
die,  and  to  which  I  shall  with  infinite  pleasure  contribute  every 
thing  in  my  power.  Your  friends,  the  Abbe  Morellet  and  Madam 
Helvetius  are  well.  You  have  made  the  latter  very  happy  by  your 
present  of  gooseberry  bushes,  which  arrived  in  five  days  in  excel- 
lent order." 

"  London,  6  April  1782. 
"  I  have  been  favoured  with  your  letter,  and  am  much  obliged  by 
your  remembrance.     I  find  myself  returned  nearly  to  the  same 
situation,  which  you  remember  me  to  have  occupied  nineteen  years 
ago,  and  should  be  very  glau  to  talk  to  you  as  I  did  then,  and  after- 
wards in   1767,  upon  the  means  of  promoting  the  happiness  of 
mankind,  a  subject  much  more  agreeable  to  my  nature  than  the 
best  concerted  plans  for  spreading  misery  and  destruction.     1  have 
had  a  high  opinion  of  the  compass   of  your  mind  and   of  your 
foresight.     I  have  often  been  beholden  to  both,  and  shall  be  glad 
to  be  so  again,  as  far  as  it  is  compatible  with  your  situation.     Your 
letter,  discovering  the  same  disposition,  has  made  me  send  to  yoa 
Mr.  Oswald.     I  have  had  a  longer  acquaintance  with  him,  than 
even  I  have  had  the  pleasure  to  have  with  you.     I  believe  him  an 
honest  man,  and,  after  consulting  some  of  our  common  friends,  I  have 
thought  him  the  fittest  for  the  purpose.     He  is  a  practical  man  and 
conversant  in  those  negotiations,  which  are  most  interesting  to 
mankind.     This  has  made  me  prefer  him  to  any  of  our  speculative 
friends,  or  to  any  person  of  higher  rank.     He  is  fully  apprized  of 
my  mind,  and  you  may  give  full  credit  to  every  thing  he  assures 
you  of.     At  the  same  time,  if  any  other  channel  occurs  to  you,  I 
am  ready  to  embrace  it.    I  wish  to  retain  the  same  simplicity  and 


TREATY   OF    '83   WITH   ENGLAND. 


good  faith  which  subsisted  betiveeD  us  in  transactions  of  less  im* 
porlance. 

.  J-.'^-,•:.'^^.->'a-.■  ;•,:/..  ..-'-iMi   j       «  SHELBURNE."    ' 


I  .;'.! 


In  the  beginning  of  April,  Mr.  Oswald  met  Dr.  Franklin 
in  Paris,  then  the  only  commissioner  there,  in  a  character 
partly  official,  but  principally  for  the  purpose  of  obtaining 
information.  He  was  not  authorized  to  propose  terms  of 
peace,  though  he  intimated  that  the  independence  of  the 
colonies  would  be  agreed  to.  We  find,  however,  this  sug- 
gestion clogged  with  a  condition,  that  England  should  be 
placed  by  France  in  the  state  of  1763.  Mr.  Oswald  made 
one  or  two  journeys  between  Paris  and  London,  but  nothing 
was  accomplished.  In  April  Mr.  Grenville  was  sent  by 
Mr.  Fox  to  Paris.  When  he  first  arrived,  it  was  supposed 
he  was  to  engage  in  a  negotiation  for  a  general  peace.  He 
had  various  conversations  with  Dr.  Franklin  and  M.  de  Ver- 
gennes ;  but,  when  his  powers  were  produced,  they  were 
full  in  regard  to  France,  but  contained  no  mention  of  the 
allies.  He  said,  his  power  was  a  copy  of  an  official  form  in 
the  office,  and  that  America  was  doubtless  omitted  by  acci- 
dent. He  informed  M.  de  Vergennes,  that  his  instructions 
from  Mr.  Fox  directed  him  to  acknowledge  the  indepen- 
dence, previous  to  the  commencement  of  a  treaty,  but  when 
desired  to  put  this  declaration  in  writing,  he  wrote,  "  the 
king  was  disposed." 

The  British  ministry,  though  soon  dissolved  by  the  death 
of  the  Marquis  of  Rockingham,  were  early  distracted  by  a 
want  of  unanimity,  and  early  lost  the  confidence  of  the  peo- 
ple. The  negotiation  with  America  during  May  and  June 
made  no  progress ; — Mr.  Oswald  was  the  agent  of  Lord 
Shelburne,  known  to  be  opposed  to  the  acknowledgment, 
and  Mr.  Grenville,  of  Mr.  Fox.  This  ministry  had  been 
forced  upon  the  king  by  a  vote  of  the  House  of  Commons. 
The  hopes  of  regaining  America  were  again  excited  by  the 
decisive  victory  of  Lord  Rodney  in  the  West  Indies,  and 
the  unexpected  successes  of  Sir  Eyre  Coote  against  Hyder 
All  in  the  East ;  and,  if  credit  may  be  given  to  the  reports 


TREATY    OF    '83   WITH    ENGLAND. 


of  the  day,  the  government  looked  forward  with  some  con- 
fidence to  the  making  a  separate  peace  with  Congress  by 
means  of  Sir  Guy  Carleton,  who  had  been  appointed  to  the 
command  of  the  forces  in  Noith  America.  These  circum- 
stances combined  to  render  this  attempt  at  peace  abortive. 
The  American  commissioners  were  at  this  time  entirely  in 
despair.  Mr.  Adams,  writing  from  the  Hague,  June  13, 
'82,  observes,  "I  cannot  see  a  probability  that  the  English 
will  ever  make  peace,  until  their  finances  are  ruined,  and 
such  distress  brought  upon  them,  as  will  work  up  their  par- 
ties into  a  civil  war." 

The  reader  will,  perhaps,  feel  some  interest  in  having  a 
version  put  into  his  hands  by  the  French  Court  of  the  state 
of  the  negotiation  in  the  summer  of  '82,  though  he  may 
well  entertain  some  doubt  of  the  full  justice  of  the  intima- 
tions in  regard  to  Lord  Shelburne. 

"  Dec.  30, 1782.  The  Minister  of  France  came  this  day,  agreea- 
ble to  appointment,  to  the  oftice  for  foreign  affairs,  and  read  to  Mr. 
Livingston  a  letter  from  the  Count  de  Vergennes  to  him,  dated  the 
12th  of  August  last,  which  contiunedin  substance — That  the  nego- 
tiation began  by  Mr.  Grenville  and  Mr.  Oswald  were  interrupted 
by  the  resignation  of  Mr.  Fox.  That  previous  to  that,  the  King 
of  England  appeared  disposed  to  acknowledge  the  independence  of 
America  in  express  terms,  without  making  it  a  condition  of  the 
peace.  That  Mr.  Grenville  encouraged  them  to  hope,  that  this 
object  would  be  rendered  complete  by  an  act  of  Parliament.  That 
they  looked  in  vain  for  this  act  till  they  were  apprized  of  the 
resignation  of  Mr.  Fo^.  That  the  differences,  which  arose  between 
him  and  Lord  Shelburne,  led  them  to  .suppose  that  the  design  of 
the  first  was  to  recognise  the  independence  of  Amerca,  and  treat 
for  a  general  peace  upon  fair  and  honourable  terms.  That  Lord 
Shelburne's  was,  on  the  contrar}',  to  endeavour  to  excite  distrust, 
and,  particularly,  to  endeavour  to  mislead  the  Americans.  That 
in  pursuance  of  this  system  in  the  month  of  June  last,  at  the  very 
time  that  they  opened  the  treaty  in  Europe,  he  proposed  to  offer 
the  most  advantageous  terms  to  America  upon  condition,  that  the 
Americans  laid  down  their  arms  and  left  France  to  settle  the  dispute 
ulone.  This  insidious  conduct  was  pursued  during  Mr.  GrenviUe's 
vol..    I.  13 


98 


TREATY    OF    '83    WITH    ENGLAND. 


negotiation.  That  Mr.  Fox's  resignation  suspended  the  negotiation, 
though  the  new  administration  declared  that  this  event  should 
occasion  no  change  of  measures.  That  the  Court  of  France  ex- 
pected the  effect  of  this  declaration,  when  a  commission  was 
expedited  to  Mr.  Oswald  to  treat  with  the  American  Plenipotentia- 
ries, and  another  to  authorize  Mr.  Fitzhcrbert  to  i^esume  the  nego- 
tiation, begun  by  Mr.  Grenville.  That  he  had  presented  his 
credentials  the  4th  instant.  That  Mr.  Oswald  had  yet  received 
only  a  copy  of  his,  owing  to  the  Chancellor's  absence.  That  Mr. 
Fitzherbert  had  returned  the  answer  of  Great  I3ritain  to  the  coun- 
ter proposition  given  by  France.  That  this  contains  full  evidence 
of  the  understanding  of  Lord  Shelburne's  conduct,  since,  instead 
of  making  the  independence  of  America  a  separate  object,  it  pro- 
poses it  as  a  condition  and  as  the  price  of  peace,  and  adds,  that 
every  other  circumstance  should  be  placed  upon  the  basis  of  1763. 
He  observes,  that  the  Chevalier  de  la  Luzerne  will  judge  from 
this,  that  they  affected  much  surprise  at  the  counter  propositions, 
and  that  they  did  not  assent  to  them. — Neither  on  the  other  hand, 
have  they  yet  refused  them,  but  confine  themselves  to  demanding 
explanations.  That  this  was  the  then  state  of  their  negotiations. 
That  Mr.  Oswald  had  presented  his  commission,  to  which  Mr. 
Franklin  and  Mr.  Jay  had  yet  given  no  reply,  suspending  it  till  they 
knew  his  (the  Count  de  V^ergennes)  sentiments.  That  as  yet  he 
had  formed  no  opinion,  waiting  the  result  of  a  conference,  which 
he  was  to  have  the  next  day  with  those  Ministers.  That  the  com- 
mission was  in  the  usual  form,  but  speaks  of  the  Americans  as 
colonies,  without  naming  them  as  rebels,  or  asserting  any  claims 
upon  them.  That  he  did  not,  for  his  part,  believe  that  Lord  Shel- 
burne  would  negotiate  a  general  peace  sincerely,  till  he  loses  all 
hopes  of  sowing  dissensions  and  treating  separately.  That  they 
ivere  convinced,  that  neither  France  or  Spain  were  to  be  deceived, 
and  that  he  (the  Count  de  Vergennes)  entertained  the  same  senti- 
ments vvith  respect  to  the  Americans.  But  that  the  British  Minis- 
try, deceiving  themselves,  may  continue  to  tempt  them  till  a  peace 
is  signed." — "  He  then  proceeds  to  inform  the  Minister,  that  while 
the  British  had  set  on  foot  a  direct  negotiation,  the  Imperial  Court 
renewed  their  instances  with  that  of  London  to  engage  them  to 
accept  their  mediation.  That  this  gave  birth  to  an  answer,  in 
which  his  Britannic  Majesty,  without  taking  notice  of  the  ncgotia- 


TREATY  OF  '83  WITH  EWOLAND. 


99 


tion  begun  at  Paris,  declared  that  he  was  ready  to  receive  through 
them  every  pacific  overture,  and  even  to  admit  the  Dutch  and 
the  Americans  to  the  negotiations.  This  answer  was  dated  the 
29th  April,  when  Mr.  Oswald  was  already  in  Paris.  That  they 
continued  their  negotiations  and  sent  Mr.  Grenville  powers,  which 
were  dated  the  21  May.  That  they  did  not  conceal  this  from  the 
Imperial  Courts,  but  pretended  that  it  was  at  the  instance  of  France. 
That  this  false  accusation,  and,  above  all,  the  fear  of  seeing  the 
mediation  vanish,  had  engaged  the  Imperial  Courts  to  communicate 
to  the  Courts  of  Versailles  and  Madrid,  the  last  memorial  of  the 
Court  of  London,  and  to  exhort  them  to  establish  a  negotiation 
under  their  auspices.  That  it  was  easy  to  refute  the  unskilful 
accusation  of  the  British,  which  he  (the  Count  de  Vergennes) 
thinks  they  (the  Court  of  France)  have  done  with  success.  That 
the  answer  is  transmitted.  That  they  had  determined,  without 
rejecting  the  mediation,  to  pursue  the  direct  negotiation  as  long 
as  it  might  be  convenient  to  the  Court  of  London.  That  he  had 
not  seen  the  answer  of  the  British,  which  could  not,  however,  be 
very  satisfactory,  since  they  have  expedited  the  commission  to  Mr. 
Fitzherbert  and  Mr.  Oswald.  That  he  (the  Count  de  Vergennes) 
was  ignorant  of  the  part,  that  the  Imperial  Courts  would  take  up 
on  their  declinatory  answer.''  ;,  .? 

It  was  not  till  September  of  the  same  year,  under  Lord 
Shelburne's  administration,  formed  upon  a  dissolution  of  the 
Rockingham,  that  the  British  government  took  a  decisive 
and  sincere  step  to  make  peace,  and  authorized  their  com- 
missioner, Mr.  Oswald,  at  Paris,  to  acknowledge  the  inde- 
pendence of  the  colonies.  The  following  are  the  words  of 
this  instruction  : 

"  In  case  you  find  the  American  commissioners  are  not  at  liberty 
to  treat  on  any  terms  short  of  independence,  you  are  to  declare  to 
them,  that  you  have  authority  to  make  that  concession.  Our  ar- 
dent wish  for  peace  disposing  us  to  purchase  it  at  the  price  ot 
conceding  the  complete  Independence  of  the  thirteen  colonies, 
viz.  :  New-Hampshire,  Massachusetts  Bay,  Rhode-Island,  Conncc 
ticut,  New-York,  New-Jersey,  Pennsylvania,  the  three  lower 
counties  in  Delaware,  Maryland,  Virginia,  North  Carolina,  South 
Carolina,  and  Georgia  in  North  America." 

We  have  hitherto  confined  this  relation  entirely  to  the 


i| 


a 
i 


100 


TREATY   OF    '83   WITH   ENGLAND. 


proceedings  of  the  British  government;  for  it  always  de- 
pended upon  England  to  make  peace;  America  could  not 
be  desirous  of  continuing  tho  war  ;  but  she  had  declared 
her  independence,  and  was  able  to  maintain  it.  There  were, 
therefore,  only  two  conditions  upon  which  she  could  consent 
to  a  cessation  of  hostilities ;  either  that  the  king's  fleets  and 
armies  should  he  withdrawn,  or  the  independence  recognis- 
ed. As  early  as  August  '79,  Congress  prepared  a  draught  of 
instructions,  and,  in  September  following,  appointed  John 
Adams,  of  Massachusetts,  a  commissioner  to  make  a  treaty 
of  peace,  with  subsequent  instructions  to  conclude  one  of 
commerce  with  Great  Britain.  The  commissioner  was  par- 
ticularly directed  to  make  it,  "  a  preliminary  article  to  every 
negotiation,  that  Great  Britain  shall  agree  to  treat  with  the 
United  States  as  sovereign,  free  and  independent."  Mr. 
Adams  went  without  delay  to  Europe,  being  subsequently 
appointed  to  the  Hague.*     But  he  was   not   authorized   to 

*  Mr.  Adams,  after  his  arrival  in  Paris,  had  some  corrcspondcnco 
with  M.  de  Vergennes,  concerning  tlie  propriety  of  making  his  ofHcial 
character  public.     We  give  two  of  the  letters. 

"  Paris  Hotel  He  Valiois  Rue  Richelieu,  Feb.  12,  1780. 
"  To  Hia  Excellency  the  Count  De  Vergennes : 

.  "Having  obtained  permission  from  your  excellency  yesterday,  when 
I  did  myself  the  honor  to  wait  on  you  at  Versailles,  to  write  on  the 
subject  of  my  misfortune,  I  have  now  the  honour  to  acquaint  you,  that 
on  the  twenty-ninth  day  of  September  last  the  Congress  of  the  United 
States  of  America  did  me  the  honour  to  elect  me  their  Minister  Pleni- 
potentiary to  negotiate  a  peace  with  Great  Britain,  and,  also,  to  nego- 
tiate a  treaty  of  commerce  with  that  kingdom,  and  the  Honourable 
Francis  Dana,  Esq.  a  member  of  Congress  and  of  the  Council  of 
Massachusetts  Bay,  Secretary  to  both  Commissions.  As  I  vyns  not  at 
Congress,  when  this  transaction  took  place,  I  am  not  able  to  inform 
your  excellency  very  particularly  of  the  rise  and  progress  of  it.  But 
from  conversation  with  gentlemen  at  Boston,  who  were  members  of 
Congress,  and  from  private  letters,  I  learnt  that  it  wasjiot  the  result 
of  any  sudden  deliberation,  or  the  fruit  of  any  particular  event  of 
war,  i)rosperous  or  adverse,  but  a  measure  that  had  been  more  than  a 
year  under  consideration,  and  finally  agreed  upon  this  principle,  that 
as  it  was  uncertain  at  wiiat  time  the  belligerent  powers  might  be  dis- 
posed to  treat  of  peace,  which  could  not  be  concluded  without  a  Min- 


thkatt  of  '83  vrirn  KwoLAitn. 


101 


make  propositions  to  the  court  of  St.  James,  and  there  is  no 
ground  for  beUcvin*;  that  America,  at  any  time,  during  the 
war,  and  after  the  act  of  July  '7G,    made  any  attempt  at 

ister  from  tho  United  Statcfl,  it  would  save  n  great  deal  of  time  for  this 
power  to  have  a  Aliiiister  in  Eiiropo  fully  nutliori/od  to  treat,  and  in 
concert  with  Ministers  from  the  other  powers  at  war,  conclude  a 
peace  with  Great  Britain  and  a  treaty  of  coniincrce,  consistent  with 
tliat  already  niado  with  his  most  Christian  Majesty,  and  such  others, 
as  might  be  made  with  other  [towers.  1  am  persuaded,  it  is  the  inten- 
tion of  my  constituents,  and  of  all  America,  and  I  am  sure  it  is  my 
own  determination,  to  take  no  step  of  consequence  in  pursuance  of 
my  commissions  without  consulting  his  Majesty's  Ministers,  and  an 
various  conjectures  have  been,  and  may  bo  made,  concerning  the  na- 
ture of  my  appointment  and  powers,  and  as  it  may  be  expected  by 
some,  that  1  should  take  some  measures  for  announcing  these  to  the 
public,  or,  at  least,  to  the  Court  of  London,  I  beg  the  favour  of  your 
excellency's  opinion  and  advice  tipon  these  (piestions. 

"  1.  Whether  in  the  present  circumstances  of  things,  it  is  prudent  in 
me  to  acquaint  the  British  Ministry,  that  I  have  arrived  here,  and  have 
such  commissions,  and  that  I  shall  be  ready  to  treat,  whenever  the 
belligerent  powers  shall  be  inclined  to  treat. 

"2.  Whether  it  is  prudent  in  me  to  publish  in  any  manner  more  than 
the  journals  of  Congress  may  have  already  done,  the  nature  of  my 
commission.  k   . 

"3.  Or  whether  to  remain  on  the  reserve,  as  I  hitherto  have  done, 
since  my  arrival  in  Europe. 

''  If  any  propositions  should  be  made  to  me,  directly  or  indirectly 
from  the  British  Ministry,  I  shall  not  fail  to  comnninicato  them,  with- 
out loss  of  time,  to  your  excellency,  and  I  beg  the  favour  of  your  ex- 
cellency, as  I  am  the  only  person  in  Europe,  who  has  authority  to 
treat  of  peace,  that  if  any  propositions  on  the  part  of  Great  Britain 
should  be  made  to  his  Majesty's  Ministers,  that  they  may  be  commu- 
nicated to  mc,  at  least,  as  far  as  they  may  relate  to  the  interest  of  tho 
United  States.  Although  1  am  not  confined  by  my  commissions  nor 
instructions,  nor  by  any  intimations  from  Congress  to  reside  in  one 
place  in  Europe  more  than  another,  yet  my  own  inclination,  as  well 
as  those  of  the  ))ublic,  would  be  most  gratified,  and  the  public  service 
most  promoted  by  my  residing  here.  I  must,  therefore,  request  his 
Majesty's  protection  and  permission  to  reside  in  this  kingdom  for  some 
time,  with  or  without  assuming  any  public  character,  as  your  excel- 
lency may  think  most  advisable. 

".lOIlN  ADAMS." 


'    > 


102 


TREATY    OF    '83    WITH    ENGLAND. 


negotiation,  ci'.hci  directly  or  by  means  of  her  allies.  At 
the  period  of  (he  interviews  of  Mr.  Pultncy  with  Dr.  Frank- 
lin at  Paris,  Congress  had  neither  appointed  a  commissioner 
nor  prepared  instructions.  We  have  not  been  able,  in  the 
secret  journals  of  Congress,  to  discover  the  slightest  intima- 
tion of  a  desire  to  abandon  the  ground  of  the  instructions  of 
August  ^19.*      America  at  all  times   rejected   with   great 

"  Versailles,  Feb.  24, 1780. 

"1  have  received.  Sir,  the  letter  wiiicli  you  liuve  done  me  the  honour 
to  write  me  the  lOth  of  this  month.  Your  full  powers,  of  which  you 
hnve  been  pleased  to  send  me  a  copy,  are  perfectly  conformable  to 
what  M.  Gerard  has  written  me  about  them,  and  they  leave  us  noth- 
ing to  wish  for  as  to  the  form  or  matter.  I  think  there  will  be  some 
unfitness  in  informing  the  public  of  the  principal  object  of  your  mis- 
sion. I  mean  the  future  pacification.  It  will,  even,  he  announced  in 
the  Gazette  of  France,  when  it  will  mention  your  presentation  to  the 
kin£^  and  royal  family,  and  you  will  be  at  liberty  to  give  your  eventual 
character  a  greater  publicity,  by  having  it  published  in  the  Dutch 
papers.  I  could  only  wish,  that  you  would  be  so  kind  as  to  commu- 
nicate the  article  to  me,  before  you  transmit  it.  With  regard  to  the 
full  powers,  which  authorize  you  to  negotiate  a  treaty  of  commerce 
with  the  Court  of  London,  I  think  it  will  be  prudent  not  to  communi- 
cate them  to  any  body  whatever,  and  to  take  every  necessary  precau- 
tion, that  the  British  may  not  have  a  premature  knowledge  of  them. 
You  will  no  doubt  easily  feel  the  motives,  which  induces  me  to  advise 
^ou  to  take  this  precaution,  and  it  would  be  needless  to  expose  them. 

"  With  regard  to  your  instructions.  Sir,  I  am  certain  they  have  for 
their  certain  and  invariable  basis  the  treaties  subsisting  between  the 
King  and  the  United  States.  M.  Gerard  has  assured  the  King  of  it 
in  the  most  positive  manner,  and  his  Majesty  does  more  justice  to  the 
uprightness  of  Congress  and  to  the  stability  of  the  sentiments,  which 
they  have  hitherto  manifested,  than  to  have  entertained  or  ever  to 
entertain  the  least  doubt  on  this  subject.  This  way  of  thinking  will 
convince  you,  Sir,  that  wc  have  no  need  of  seeing  your  instructions, 
to  appreciate  properly  the  principles  and  dispositions  of  Congress 
towards  Great  Britain. 

«DE  VERGENNES." 

•  In  July  '79  the  French  Minister  urged  to  Congress  the  necessity 
or  rather  expediency  of  making  peace  without  a  formal  acknowledg- 
ment of  the  iudepcndcncc.     And  June  9,  1781,  Congress  adopted  a 


im 


TREATY  OF  *83  WITH  ENGLAND. 


103 


emphasis  even  the  project  of  a  short  truce.  This  was  con- 
sidered highly  dangerous  to  the  liberties  of  the  country, 
though  a  favourite  notion  with  many  of  her  best  friends  in 
England.  In  the  instructions  of  October  '80,  and  of  June 
'81,  the  same  direction  is  inserted  in  relation  to  the  acknow- 
ledgment. The  commission,  under  which  the  preliminaries 
of  the  treaty  were  actually  concluded,  was  issued  by  Con- 
gress in  June  '81. 

It  empowered  "  John  Adam!*,  Benjamin  Franklin,  John  Jay, 
Henry  Laurens,  and  Thomas  JciTcrson,  or  the  mnjority  of  them,  or 
such  of  them  ns  may  assemble,  or  in  case  of  the  death,  absence, 
indisposition,  or  other  impediment  of  the  others,  to  any  one  of  them, 
full  power  and  authority,  general  and  special  commission  to  repair 
to  such  place,  as  may  be  fixed  upon  for  opening  the  negotiations  for 
peace,  and  there  for  us,  and  in  our  name,  to  confer,  treat,  agree 
and  conclude  with  the  ambassadors,  commissioners  and  plenipoten- 
tiaries of  the  princes  and  states,  whom  it  may  concern,  vested  with 
equal  powers,  relating  to  the  establishment  of  peace,  and  whatso- 
ever shall  be  agreed  and  concluded  for  us,  and  in  our  name,  to  sign, 
and  thereupon  make  a  treaty  or  trcadcs,  and  to  transact  every 
thing  that  msiy  be  necessary  for  completing,  securing  and  strength- 
ening the  great  work  of  pacification,  in  as  ample  form,  and  with 
the  same  effect,  as  if  we  were  personally  present  and  acted  therein." 

All  the  commissioners,  except  Mr.  Jefferson,  were  pre- 
sent during  some  part  of  the  discussions,  being  in  Europe  at 
the  time  the  meeting  was  appointed."*^  Mr.  Jefferson  was  in 
America,  and  did  not  leave  it,  as  a  report  reached  the  gov- 
ernment that  the  preliminaries  were  already  signed.  Mr. 
Oswald's  commission  in  proper  form,  from  which  an  extract 
was  given  on  a  preceding  page,  was  not  issued  till  the  21st 
of  September.  Some  delay  had  taken  place  in  consequence 
of  objections  made    by  one  of  the  American  commissioners 


resolution,  (with  only  tlirec  noes)  authorizing  the  Commissioners  to 
make  a  peace  without  a  <brmal  recognition  ;  but,  ns  we  have  said  in 
the  text,  Congress  never  departed  from  the  ground  of  treating  as 
sovereign  and  independent  states. 

*  Mr.  Adams  did  not  arrive  at  Paris  till  October  26,  '82.     Mr.  Jay 
says,  "  I  found  him  a  very  able  and  agreeable  coadjutor." 


lot 


TRK\TY    OK    '83    WITH    RNGLAND. 


to  (ho  style,  by  which  the  United  States  were  designated. 
The  true  and  proper  appelhition  of  this  country  was  omitted, 
the  denomination  of  "  cok)nies"  hcin:;  employed.  !)ut  the 
American  envoy  refused  to  proceed  in  the  business  until  a 
commission,  giving  to  the  United  States  their  public  and 
diplomatic  name,  was  sent  to  Mr.  Oswald.  This  appellation 
was  the  thirteen  United  States  of  America. 

Tho  French  minister  appeared  to  attach  less  importance 
to  a  formal  recognition,  in  which  opinion  Dr.  Franklin  partici- 
pated, than  the  American  commissioner.  M.  de  Vergennes 
considered  the  first  commission  of  Mr.  Oswald  sulTicicnt;  he 
did  not  think  it  necessary  America  should  insist  on  a  formal 
acknowledgment.  We  have  intimations  of  this  disposition 
as  early  as  July  '79,  in  the  communication  of  M.  Gerard, 
the  French  minister  to  Congress.  Indeed,  the  unpopularity 
of  that  gentleman  in  this  country  was  supposed  to  be  owing 
to  the  steps  he  took  to  induce  Congress  to  renounce  the  idea 
of  a  formal  recognition,  together  with  the  right  of  the  fishe- 
ries, and  the  boundaries  of  the  Mississippi. 

Mr.  Jay,  who  had  arrived  in  Paris  in  June  1782,  from 
Madrid,*  and  who  conducted  the  negotiation  with  uncommon 
spirit  and  ability,  till  he  was  joined  by  Mr.  Adams,  resisted 
immediately,  and  with  remarkable  firmness,  all  proposals  to 
treat  on  the  terms,  recommended  by  M.  de  Vergennes,  and, 
in  some  degree,  countenanced  by  Dr.  Franklin.  This  coun- 
try is  much  indebted  to  the  resolution  and  independence, 
displayed  by  Mr.  Jay  on  that  topic,  as  well  as  on  one  of 
hardly  less  importance,  that  occurred  on  a  subsequent  occa- 
sion, though  it  is  obvious,  that  gentleman,  as  well  as  Mr. 
Adams,  assumed  the  great  responsibility  of  deviating  from 
the  direct,  manifest  instructions  of  Congress. 

"  August  10,  1782.  I  waited  this  morning  on  Vergennes,  and  a 
conference  ensued  between  us  on  the  subject  of  Mr.  Oswald's  com- 
mission.    The  Count  said,  it  was  such  a  one,  as  we  might  have 

*  Extract  of  a  letter  from  Mr.  Jay,  June  25,  '82. — "  Dr.  Franklin  is 
in  perfect  health,  and  his  mind  appears  more  vigorous  than  that  of 
any  man  of  his  age  I  liavo  ever  known.  He  is  certainly  a  valuable 
minister,  and  an  agreeable  companion." 


TREATY  OF  '83  WITH  ENGLAND. 


105 


pxpecled  it  wouM  hnve  bttrj,  ^ut  that  we  must  fnke  cnre  !o  Innert 
proper  nrtich;s  in  tlio  (roiity,  to  nf  •utc  our  indopcndcncc  and  otir 
limits  npfainst  nil  future  c\,\\nin.  I  c.l)<!ei  >  d  to  llie  Count,  it  would 
lie  descendinor  from  llu  ground  onodepcndoiKC, to  treut  under  the 
name  of  colonies,  lie  rep'jrd,  names  :sl£(fiify  nothing.  The  king 
of  Great  Britain  staling  himstl/  king  of  France,  w«s  no  obstacle  to 
tlie  king  of  France'i*  trcatlnj^  witii  him  : — that  nn  ncknowledgment 
of  Independence,  Instead  of  preceding,  must,  in  the  natural  course 
of  tilings,  be  the  elTcct  of  tlie  treaty.  The  Count  turned  to  Dr- 
Franklin,  and  asked  him,  what  he  tliought  of  the  matter;  he  said, 
he  believed  tiic  commission  would  do.  He  next  naked  my  opinion. 
1  told  him  1  did  not  like  it.  On  returning,  I  could  not  forbear  ob- 
serving  to  tlic  Doctor,  it  was  evident  the  Count  did  not  wish  to 
Hee  our  independence  acknowledged  by  Great  liritain,  till  they  had 
made  all  their  use  of  it.  It  was  easy  for  them  to  foresee  dilTicul- 
ties  in  bringing  Spain  into  a  peace  on  moderate  terms;  and  that, 
if  we  once  found  ourselves  standing  on  our  legs,  our  independence 
acknowledged,  and  our  other  terms  ready  to  be  granted,  we  might 
not  think  it  our  duty  to  continue  the  war  for  the  attainment  of 
Spanish  objects  ;  but  as  we  were  bound  to  continue  the  war  till  our 
independence  was  attained,  it  was  the  intent  of  France  to  post- 
pone that  event.  The  Doctor  imputed  the  conduct  of  the  Minis- 
ter  to  his  moderation  ;  and,  as  this  Court  has  hitherto  treated  us 
fairly,  we  should  not  easily  suspect  them." 

A  letter  of  the  same  tenor  was  also  transmitted  to  Mr. 
Oswald  himself,  and  which  Mr.  Jay  succeeded  in  persuading 
Ur.  Franklin  to  sign  :  ,    ,  ^. .    ,„,  ,,.^  .^    .s 

"  It  is  with  regret  we  find  ourselves  obliged  by  duty  to  our 
country  to  object  to  entering  with  you  into  negotiations  for  peace 
on  the  plan  proposed.  Our  nation  can  treat  with  another  nation 
only  on  terms  of  equality ;  and  it  cannot  be  expected,  that  we 
should  be  the  first  and  only  persons,  who  would  admit  doubts  of 
their  independence.  The  tenor  of  your  commission  affords  matter 
for  a  variety  of  objections,  which  your  good  sense  will  save  us  the 
pain  of  enumerating.  The  journals  of  Congress  present  to  you 
unequivocal  and  uniform  evidence  of  the  sentiments  and  resolutions 
of  Congress  on  the  subject,  and  their  positive  instructions  speak 
the  same  language.     The  manner  of   removing  these  obstacles  is 

vol..   1.  14 


106 


TREATY     OF     '83    WITH     ENGLAND. 


obvious,  and,  in  our  opinion,  no  less  consistent  with  the  dignity 
than  with  the  interest  of  Great  Britain.  If  the  Parliament  meant 
to  enable  the  king  to  conclude  a  treaty  with  us  on  teims  of  inde- 
pendence, they  necessarily  meant  to  enable  him  to  do  it  in  a  man- 
ner compatible  with  his  dignity,  and,  consequently,  that  he  should 
previously  regard  us  in  a  point  of  view,  that  would  render  it  pro- 
per for  him  to  negotiate  with  us. 

"  As  to  referring  an  acknowledgment  of  our  independence  to 
the  first  article  of  a  treaty,  permit  us  to  remark,  that  this  implies, 
that  we  are  not  to  be  considered  in  that  light,  till  after  the  conclu- 
sion of  the  treaty  ;  and  our  acquiescing  would  be  to  admit  the  pro- 
priety of  our  being  considered  in  another  light  during  that  in- 
terval." 

As  America  was  the  ally  of  France,  it  was  not  consistent 
with  the  dignity  of  that  nation,  she  should  treat  on  other 
terms  than  those  of  independence.  We  may  also  remark, 
that  as  every  idea  of  conquest  on  the  part  of  England  was 
absurd,  nothing  renojiined  for  that  country,  but  to  make 
friends  of  those  she  could  not  subdue,  and  independence 
constituting  the  action  of  the  peace,  it  was  a  fair  ground  for 
negotiation  to  consider  that  topic,  in  conformity  with  the  no- 
tion of  Lord  Shelburne,  a  condition  of  the  peace,  for  which 
an  equivalent  should  be  conceded  by  the  United  States.  It 
was  obviously  the  intent  of  France  to  postpone  the  ac- 
knowledgment till  the  conclusion  of  a  general  peace,  for 
America,  by  the  terms  of  the  treaty  with  that  country, 
could  not  withdraw  from  the  war,  till  the  independence  was 
assured.  Mr.  Jay  prepared  a  detailed  and  learned  memorial 
(now  to  be  found  in  his  correspondence)  on  the  propriety 
of  having  Mr.  Oswald's  instructions  altered,  which  he  was  in 
the  act  of  sending  to  M.  de  Vergennes,  when  a  despatch 
was  received  from  the  British  government,  authorizing  their 
envoy  to  treat  with  the  United  States  as  sovereign  and  in- 
dependent.* 

There  were  two  subjects,  that  created  diflkulty  and  great 

*  The  Marquis  do  la  Fayeiic  lubourcd  witli  zeal  and  assiduity  to 
reconcile  the  difFercnces  of  opinion  between  Mr.  Jay  and  M.  de  Ver- 
gennes.    Vid.  Correspondence. 


TREATY  OF  '83  WITH  ENGLAND. 


107 


irritation, — the  fisheries,  and  compensation  to  the  royalists 
and  refugees.  The  American  loyalists  prolonged  the  war 
by  the  ill-founded  accounts  they  gave  the  ministers  respect- 
ing the  state  of  parties  in  America.  Indeed,  if  the  British 
Cabinet  had  been  less  under  the  influence  of  those  unfortu- 
nate individuals  than  of  their  own  officers,  the  disastrous  con- 
test with  the  colonies  would  certainly  have  terminated  at  an 
earlier  period.  It  is  a  remarkable  fact  that  the  principal 
military  men,  who  returned  from  America,  such  as  General 
Burgoyne,  Lord  Cornwallis,  Sir  Wm.  Howe,  and  Sir  Henry 
Clinton,  expressed  opinions  unfavourable  to  a  continuation 
of  the  war.  Whether  the  loyalists  had  taken  arms  against 
the  United  States  from  an  honourable  attachment  to  the  mo- 
ther country,  or  from  interested  motives,  could  not,  and 
ought  not,  to  affect  the  question.  In  considering  this  sub- 
ject, it  is  impossible  to  go  back  to  the  original  proposition, 
whether  the  parent  state  or  colonies  first  violated  the  social 
compact  that  held  them  together,  because  that  is  really  the 
point,  which  led  to  the  war  and  terminated  in  the  independ- 
ence. Neither  does  it  signify  that  the  war  did  not  first  be- 
gin on  the  part  of  the  colonies  for  independence.  Repeated 
and  aggravated  injustice  fully  warranted  that  last  step,  if  the 
first  measures  of  the  people  and  of  Congress  could  be  justifi- 
ed. The  loyalists  had  had  the  misfortune,  or  ill  luck,  to  join 
a  cause  that  had  failed.  Justice  did  not  require  that  the 
victorious  party  should  make  them  an  indemnity.  On  the 
other  hand,  if  the  mother  country  had  recovered  the  govern- 
ment of  the  colonies,  the  loyalists  would  have  received  an 
abundant  reward,  both  of  wealth  and  honours.  All  humane 
persons  might  have  felt  compassion  for  their  deplorable  con- 
dition ;  they  were  objects  of  pity  ;  they  had  lost  their  coun- 
try and  their  property.  But  at  the  conclusion  of  the  revo- 
lution war,  the  American  government  was  not  in  a  condition 
to  extend  gratuitously  bounties  to  foreigners,  as  at  this  time 
the  loyalists  had,  unhappily  for  themselves,  become.  It 
could  not  pay  even  its  own  officers  and  soldiers,  much  less 
its  numerous  citizens,  who  had  suffered  such  great  losses  by 
the  desolations   of  the  enemy.      Again,  a  "  constitutional" 


108 


TREATY     OF    '83     WITH     ENGLAND. 


difficulty  presented  itself.  The  estates  of  the  loyalists  had 
been  confiscated  by  the  acts  of  the  States,  and  in  numerous 
instances,  had  passed  by  the  usual  legal  transfers  into  the 
hands  of  various  individuals.  Congress  was  not  invested  by 
the  articles  of  the  Union  with  any  power  over  these  local 
and  domestic  acts  ;  it  was  a  matter  exclusively  reserved  to 
the  internal  polity  of  the  P  ates  themselves.  The  British 
insisted  with  great  earnestness,  that  full  indemnity  should  be 
provided  for  the  whole  body  of  loyalists.  They  were  at  the 
pains  of  sending  an  under  secretary  of  state,  Mr.  S^rachey, 
to  Paris,  to  urge  this  point.  But  he  made  no  impression 
upon  the  American  commissioners.  The  instruction  of  the 
government,  issued  October  18th,  1780,  was  precise  and 
positive. 

"  That  with  re«!pect  to  those  person?,  who  have  either  abandon- 
ed or  been  banished  from  any  of  the  United  States,  since  the  com- 
mencement of  the  war,  he  is  to  make  no  stipulations  whatsoever 
for  their  readtnittance  :  and,  as  to  an  equivalent  for  their  proper- 
ty, he  may  attend  to  propositions  on  that  subject  only  on  a  recip- 
rocal stipulation  that  Great  Britain  will  make  fidl  compensation  for 
all  the  wanton  destruction,  \vluch  the  subjects  of  that  nation  have 
committed  on  the  property  of  the  citizens  of  the  United  States." 

This  obstacle  delayed  the  negotiation  ;  and,  at  one  time, 
great  apprehensions  were  felt,  that  the  objection  would  be 
fatal.  The  ministry,  some  time  after,  in  a  debate  on  the 
provisional  articles,  declared,  the  business  had  come  to  such 
a  pass,  that  the  government  had  the  alternative  of  continuing 
the  war,  or  of  abandoning  the  loyalists.  While  the  articles 
of  the  provisional  treaty  were  under  discussion.  Great  Bri- 
tain was  still  in  possession  of  New-York,  Charleston,  Penob- 
scot, Rhode-Island,  Detroit,  and  the  fisheries  ;  and  the  sur- 
render of  these  places  and  rights,  was  made  a  condition  of 
compensation  to  her  American  subjects.  This  was  a  very 
troublesome  demand  ;  but  at  this  difficult  crisis,  a  compro- 
mise was  effected,  in  itself,  perhaps,  little  more  than  nominal, 
considering  the  relation  of  the  confederation  to  the  independ- 
ent states,  that  composed  it.  U'his  arrangement  will  be 
found  in  the  fifth  article  of  the  treaty.      The  commissioners 


TREATY     OF     '83     WITH     KNGLAND. 


109 


were  satisfied  that  a  treaty  was  impracticable,  without  some 
stipulation  respecting  the  loyalists,  though  the  article  is  an 
undoubted  departure  from  their  instructions.  Congress, 
however,  ratified  tlie  whole  instrument,  by  an  unanimous 
vote. 

The  provisional  treaty  was  signed  at  Paris,  the  30th  No- 
vember 1782, — on  the  part  of  America,  by  Messrs.  Frank- 
lin, Adams,  Laurens  and  Jay, — and,  on  the  part  of  Great 
Britain,  by  Mr.  Richard  Oswald,  Lord  Shelburne  being  still 
at  the  head  of  alfairs  in  that  country.  Tlie  preliminary  ar- 
ticles being  ratified,  within  the  time  specified,  by  the  respec- 
tive governments,  the  dejhiitive  treaty  of  peace,  substantially 
a  copy  of  the  provisional  one,  was  signed, — for  America,  by 
Messrs.  Franklin,  Adams  and  Jay, — and  for  England,  by  Mr. 
David  Hartley,  at  Paris,  the  3d  September  1783.*    "  Passy, 

*  "Art.  1.  His  Britannic  Mujosty  acknowledges  the  said  United 
States,  viz.  Ncw-llanipsliiro,  iMassaolMii^elts  Bay,  llliode  Island  and 
Providence  Plantations,  Connecticut,  Ncw-Yoik,  New-Jersey,  Penn- 
sylvania, Delaware,  IVIaryland,  Virginia,  North  Carolina,  South  Caro- 
lina, and  Georgia,  to  be  Tree,  sovereign  and  independent  states;  that 
lie  treats  with  them  as  such  ;  and  for  himself,  his  heirs  and  successors, 
relinquishes  all  claims  to  the  government,  propriety,  and  territorial 
rights  of  the  same,  and  every  part  thereof.  \  '•     '    "^ 

"  Art.  2.  And  that  all  disputes  which  might  arise  in  future,  on  tho 
subject  of  tho  boundariesof  the  said  tJnited  States,  maybe  prevented, 
it  is  herpby  agreed  and  declared,  that  the  following  are  and  shall  be 
their  boundaries,  viz  : — from  tho  north-west  anglo  of  Nova  Scotia, 
viz.  that  angle  which  is  formed  by  a  line  drawn  due  north  from  tho 
source  of  Saint  Croix  river  lo  the  highlands  ;  along  the  said  highlands 
which  divide  those  rivers  that  empty  themselves  into  the  river  St. 
Lawrence,  from  those  which  fall  into  the  Atlantic  ocean,  to  the  north- 
westernmost  head  of  Connecticut  river;  thence  down  along  the  mid- 
dle of  that  river,  to  the  forty-fifth  degree  of  north  latitude  ;  from 
thence,  by  a  line  duo  west  on  said  latitude,  until  it  strikes  the  river 
Iroquois,  or  Cataraquy ;  thouco  along  the  middle  of  said  river,  into 
lake  Ontario,  through  he  middle  of  said  lake,  until  it  strikes  the  com- 
munication by  water  between  that  lake  and  lake  Eric;  thence  along 
tho  middle  of  said  communication  into  lake  Erie,  through  the  middle 
of  saiil  lake,  until  it  arrives  at  the  water  communication  between  that 
lake  and  luko  Huron  ;  tliciicc  along  the  middle  of  said  water  commu- 


ii 


no 


TREATY    OF     *83    WITH    ENGLAND. 


August  31,  1783. — After  a  continued  course  of  treating 
for  nine  months,  the  £nglish  ministry  have  at  length  come 
to  a  resolution  to  lay  aside,  for  the  present,  all  the  new  pro- 

nication  into  the  lake  Huron  ;  thence  through  the  middle  of  said  lake 
to  the  water  communication  between  that  lake  and  lake  Superior ; 
thence  through  lake  Superior,  northward  of  the  isles  Royal  and  Phi- 
lipeaux,  to  the  Long  Lake  ;  thence  through  the  middle  of  the  said 
Long  Lake,  and  tiie  water  communication  between  it  and  the  lake  of 
the  Woods,  to  the  said  lake  of  the  Woods  ;  thence  through  the  said 
lake  to  the  most  north-western  point  thereof, — and  from  thence  on  a 
due  west  course  to  the  river  Mississip|)i ;  thence  by  a  line  to  be  drawn 
along  the  middle  of  the  said  river  Mississippi,  until  it  shall  intersect 
the  northernmost  part  of  the  thirty-first  degree  of  north  latitude. 
South,  by  a  line  to  be  drawn  due  east  from  the  determination  of  the 
line  last  mentioned,  in  the  latitude  of  thirty-one  degrees  north  of  tho 
equator,  to  the  middle  of  the  river  Apalacliicoln,  or  Catahouche ; 
thence  along  the  middle  thereof  to  its  junction  with  the  Flint  river  ; 
thence  straight  to  the  head  of  St.  Mary's  river;  and  thence  down 
along  the  middle  of  St.  Mary's  river  to  the  Atlantic  ocean.  East,  by 
a  line  to  be  drawn  along  the  middle  of  the  river  St.  Croix,  from  its 
mouth,  in  the  bay  of  Fundy,  to  its  source,  and  from  its  source,  direct- 
ly north,  to  the  aforesaid  highlands,  which  divide  the  rivers  that  fall 
into  the  Atlantic  ocean  from  those  which  full  into  the  river  St.  Law- 
rence :  comprehending  all  islands  within  twenty  leagues  of  any  part 
of  the  shores  of  the  United  States,  and  lying  between  lines  to  be 
drawn  due  east  from  the  points  where  the  aforesaid  boundaries  be- 
tween Nova  Scotia  on  the  one  part,  and  East  Florida  on  the  other, 
ghall  respectively  touch  the  bay  of  Fundy,  and  the  Atlantic  ocean  ; 
excepting  such  islands  as  now  are,  or  heretofore  have  been,  within  the 
limits  of  the  said  province  of  Nova  Scotia. 

"  Art.  3.  It  is  agreed,  that  the  people  of  the  United  States  shall 
continue  to  enjoy  unmolested  the  right  to  take  fish  of  every  kind,  on 
the  Grand  Bank,  and  on  all  the  other  banks  of  Newfoundland  ;  also, 
in  the  gulf  of  St.  Lawrence,  and  at  all  other  places  in  the  sea,  where 
the  inhabitants  of  both  countries  used,  at  any  time  heretofore,  to  fish  ; 
and  also,  that  the  inhabitants  of  the  United  States  shall  have  liberty  to 
take  fish  of  every  kind,  on  such  part  of  tho  coast  of  Newfoundland  as 
British  fishermen  shall  use  ;  (but  not  to  dry  or  cure  the  same  on  that 
island ;)  and  also  on  the  coasts,  bays  and  creeks,  of  all  other  of  his 
Britannic  Majesty's  dominions  in  America;  and  that  the  American 
fishermen  shall  have  liberty  to  dry  and  cure  fish  in  any  of  the  unsettled 


TREATY  OF  '83  WITH  ENGLAND. 


Ill 


positions  that  have  been  made  and  agreed  to  (their  own  as 
well  as  ours), — and  they  offer  to  sign,  as  a  definitive  treaty, 
the  articles  of  November  30,  '82.     We  have  agreed  to  this, 

bays,  harbours  and  creeks  of  Novu  Scotia,  Magdalen  Islands,  and  La- 
brador, so  long  as  the  same  sliall  remain  unsettled  ;  but  so  soon  as  the 
same,  or  oitlier  of  them  shall  be  settled,  it  shall  not  be  lawful  for  the 
said  fishermen  to  dry  or  cure  fish  at  such  settlement,  without  a  previ- 
ous agreement  for  that  purpose,  with  the  inhabitants,  proprietors,  or 
possessors  of  the  ground. 

"  Art.  4.  It  is  agreed,  that  creditors  on  cither  side,  shall  meet  with 
no  lawful  impediment  to  the  recovery  of  the  full  value,  in  sterling  mo- 
ney, of  all  bona  fide  debts  heretofore  contracted. 

"  Art.  5.  It  is  agreed  that  the  Congress  shall  earnestly  recommend 
it  to  the  legislatures  of  the  respective  states,  to  provide  for  the  restitu- 
tion of  nil  estates,  rights  and  properties,  which  have  been  confiscated, 
belonging  to  real  British  subjects,  and  also  of  the  estates,  rights  and 
prof>crties  of  persons  resident  in  districts  in  the  possession  of  his  majes- 
ty's arms,  and  who  have  not  borne  arms  against  the  said  United  States. 
And  that  persons  of  any  other  description  shall  have  free  liberty  to  go 
to  any  part  or  parts  of  any  of  the  thirteen  United  States,  and  therein 
to  remain  twelve  months,  unmolested  in  their  endeavours  to  obtain 
the  restitution  of  such  of  their  estates,  rights  and  properties,  as  may 
have  been  confiscated  ;  and  that  Congress  shall  also  earnestly  recom- 
mend to  the  several  states  a  reconsideration  and  revision  of  all  acts  or 
laws  regarding  the  premises,  so  as  to  render  the  said  laws  or  acts  per- 
fectly consistent,  not  only  with  justice  and  equity,  but  with  that  spirit 
of  concihation,  which,  on  the  return  of  the  blessings  of  peace,  should 
universally  prevail.  And  that  Congress  shall  also  earnestly  recom- 
mend to  the  several  states,  that  the  estates,  rights  and  properties  of 
such  last  mentioned  persons,  shall  be  restored  to  theni«  they  refunding 
to  any  persons  who  may  be  now  in  possession,  the  bona  fide  price 
(where  any  has  been  given)  which  such  persons  may  have  paid  on  pur- 
chasing any  of  the  said  lands,  rights,  or  properties,  since  the  confisca- 
tion. And  it  is  agreed,  that  all  persons  who  have  any  interest  in  con- 
fiscated lands,  either  by  debts,  marriage  settlements,  or  otherwise, 
shall  meet  with  no  lawful  impediment  in  the  prosecution  of  their  just 
rights. 

*'  Art.  6.  That  there  shall  be  no  future  confiscations  made,  nor  any 
prosecutions  commenced  against  any  person  or  persons  for,  or  by  rea- 
son of,  the  part  which  he  or  they  may  have  taken  in  the  present  war  ; 
and  that  no  person  shall,  on  that  account,  suffer  any  future  loss  or 


113 


TREATY     OF     '83     WITH     ENGLAND. 


and  on  Wednesday,  the  3d  of  September,  it  will  be  signed 
with  nil  the  other  definitive  treaties,  establishing  a  general 
peace,  which  may  God  long  continue."*'  This  treaty  was 
unanimously  ratified  by  Congress,  on  the  14th  of  February 
1784.  And,  on  the  same  day,  they  unanimously  issued  a 
recommendation  to  the  states  in  pursuance  with  the  stipula- 
tions of  the  fifth  article.  Hostilities  ceased,  by  proclama- 
tion, in  April  of  the  preceding  year.  The  British  minister 
refused  to  insert  an  article  in  the  treaty,  on  the  subject  of 
commerce.  ^  .,    :      » .i 

The  boundary  of  the  United   States,  established  by  this 
treaty  was,  with  the  exception  of  the  north-west  portion,  pre- 

(lamagc,  either  in  his  person,  liberty,  or  property,  and  that  those  who 
may  be  in  confinement  on  sucIj  charges,  at  tlio  time  of  the  ratification 
of  the  treaty  in  America,  siiall  he  immediately  set  at  liberty,  and  the 
jn-osecution  so  commenced  be  discontinued. 

"Art.  7.  There  shall  be  a  firm  and  perpetual  peace  between  his 
Britannic  majesty  and  the  said  states,  and  between  the  subjects  of  the 
one  and  the  citizens  of  the  other,  wherefore  all  hostilities  both  by  sea 
and  land  shall  then  immediately  cease:  all  prisoners  on  l)oth  sides 
shall  be  set  at  liberty,  and  his  Britannic  majesty  shall,  with  all  conve- 
nient speed,  and  without  causing  any  destruction,  or  carrying  away 
any  negroes  or  other  property  of  the  American  inhabitants,  withdraw 
all  his  armies,  garrisons  and  fleets  from  the  said  United  States,  and 
from  every  port,  place  and  harbour  within  the  same  ;  leaving  in  all 
fortifications  the  American  artillery  that  may  be  therein ;  and  shall 
also  order  and  cause  all  archives,  records,  deeds  and  papers,  belonging 
to  any  of  the  said  states,  or  their  citizens,  which  in  the  course  of  the 
war  may  have  fallen  into  the  hands  of  his  officers,  to  be  forthwith  re- 
stored and  delivered  to  the  proper  states  and  persons  to  whom  they 
belong.    ,,3    ■■;:     „  '  '   ,-:v  ■;>-   ',•    ,.>  "■',.-■■  v-,-/^  .,.,■_■  ^  ,-/' 

"Art.  8.  The  navigation  of  the  river  Mississippi,  from  its  source  to 
tlie  ocean,  shall  for  ever  remain  free  and  open  to  the  subjects  of  Great 
Britain,  and  the  citizens  of  the  United  States, 

"  Art.  9.  In  case  it  should  so  happen,  that  any  place  or  territory, 
belonging  to  Great  Britain,  or  to  the  United  States,  should  have  been 
conquered  by  the  arms  of  either,  from  the  other,  before  the  arrival  of 
the  said  provisional  articles  in  America, — it  is  agreed,  that  the  ssune 
shall  be  restored  without  difliiculty,  and  without  requiring  a.  •;  com- 
pensation." ..■■     ♦■'■;.'■:■    ■•;-',:- V:;;-^-    ,  ;•»:         -K  ;':"■'■',      '  ■>  ^  i 

*  Franklin's  Secret  Correspondence. 


TREAT  y     OF    '83     WITH     ENGLAND. 


113 


lie  siiuie 


cisely  in   conformity   with   the  instructions    of  Congress  of 
August  '79.      America  succeeded  to  the  territorial  rights  of 
the  British  king,  a  principle  distinctly  and  publicly  announc- 
ed, and  of  infinite  value  in  subsequent  negotiations  with  Spain. 
The  original  instructions  would  have  deprived  this  country 
of  the  use  of  lake  Superior,  whereas  the  treaty  boundary  in- 
cluded the  navigation  of  all  the  lakes.      A  greater  extent  of 
territory,  also,  fell  into  our  hands.      The  English  were  de- 
sirous of  holding  all  the  territory  described  by  the  Quebec 
bill.      Canada,  by  that  instrument,  was   bounded   south  by 
the  Ohio,  and  thence,  due  west   to    the  Mississippi.     This 
boundary,  of  course,  included  all  the  lakes,  the  present  states 
of  Ohio,  Indiana  and  Illinois,  and  the  territory  of  Michigan, 
and  of  the   north-west.     The  Quebec   bill  was  one  of  the 
grievances  of  which  the  colonies  complained,  and  is  alluded 
to  in  the  declaration  of  independence.      But  this  proposition 
was  at  once  rejected.      The  British  commissioner  stipulated, 
with  great  care  for  the  free  navigation  of  the  Mississippi.     A 
very  wrong  estimate  appears  to  have   been  formed,  by  his 
government,  of  the  value  of  this  privilege.      The  English  fur 
companies  held  hunting  grounds  about  its   source  ;   but  its 
mouth  was,  at  that  time,  in   the  possession  of  Spain, — and, 
from  the  45th  degree  to  the  Gulf  of  Mexico,  England  did  not 
own  a  foot  hold  upon  its  banks.      The  navigation  could  have 
been  valuable,  only  on  the  expectation  of  coming  again  into 
possession  of  West  Florida ;  though,  by  treaty,  it  still  re- 
mained  in  the  hands  of  Spain.     The  English  government 
seemed  to  have  had  hopes  of  this  acquisition ;  as  a  separate 
article,  never  communicated  to  France,  was  introduced  into 
the  provisional   treaty,  to  meet   that  change  of  territorial 
right.      But,  according   to  appearances,  in  '82,  the   British 
might   as   well   have   stipulated  for  a  right  to  navigate  the 
Rhine,  or  Rhone.     The  geography,  about  the  sources  of  the 
Mississippi,  was  little  understood  in  those  days ;  and  the  ar- 
rangement, on  this  head,  was  made  in  the  dark  by  both  par- 
tics.      It  is  now  ascertained,  that  the  British  boundaries  of 
'83  did  not  touch  that  river.      They  would,  therefore,  have 
had  a  right  to  have  gone  through  the  territories  of  the  Unit- 
VOL.    1.  15 


114 


TREATY    OF    '83     WITH     ENGLAND. 


cd  States,  for  the  stipulation  of  navigation  was  an  uncondi- 
tional one.  One  remark  naturally  forces  itself  upon  us  at 
this  time.  England  and  America  divided,  in  this  treaty,  a 
great  extent  of  territory,  which,  to  say  the  least,  was  entire- 
ly unknown  to  both,  and  was  inhabited  by  tribeG  of  savages, 
certainly  uncivilized,  but  independent,  and  who  had  never 
fallen  under  the  dominion  of  either  party.  America  pre- 
served her  original  right  in  the  fisheries,  and  such  territorial 
rights  as  belonged  by  charter  to  the  colonies.  The  north- 
west boundary  was  a  matter  of  great  embarrassment  ;  but  it 
is  obvious,  at  once,  that  the  proposition  to  bring  the  British 
boundary  down  to  the  Ohio,  and  to  settle  the  loyalists  in  the 
Illinois,  would  have  led  to  serious  and  immediate  difficulties. 

We  are  not  aware,  that  the  right  of  any  nation  to  the 
fisheries  was  formally  recognised,  till  the  treaty  of  Utrecht, 
in  1713.  The  13th  article  ceded  Newfoundland,  with  the 
adjacent  islands,  to  Great  Britain  ;  Cape  Breton,  with  the 
other  islands  situated  in  the  mouth  and  in  the  gulf  of  St. 
Lawrence,' together  with  the  right  of  taking  and  curing  fish 
on  the  coasts  of  Newfoundland,  from  Cape  Bonavista,  on  the 
eastern  side,  to  the  northern  extremity  of  the  island,  and 
thence  down  the  west  coast  to  Point  le  Riche,  were  reserved 
to  France.  The  treaty  of  Paris,  of  1763,  made  some  altera- 
tions in  this  arrangement  ;  though  Newfoundland,  itself,  re- 
mained as  under  the  original  stipulation.  But  the  French 
were  restricted  from  fishing  in  the  gulf  of  St.  Lawrence, 
within  three  leagues  of  the  British  coasts,  and  fifteen  of  Cape 
Breton.  They  retained  the  small  islands  of  St.  Pierre  and 
Miquelon,  with  the  right  of  keeping  a  military  post  on  them. 
Spain,  by  the  18th  article  of  the  same  treaty,  renounced,  in 
favour  of  Great  Britain,  her  right  of  fishing  in  the  neighbour- 
hood of  Newfoundland.  It,  therefore,  happened,  when  the 
revolution  war  began,  that  the  most  valuable  fishing  grounds 
and  privileges  were  in  the  possession  of  England,  and  of  her 
subjects  in  North  America.  ^ 

Under  the  different  charters  defining  the  powers  and  ex- 
tent of  the  New-England  colonies,  or  provinces,  persons, 
born  in  any  of  these  governments,  were  declared  to  have  all 


TRKATY  OF  *83  WITU  ENGLAND. 


115 


the  rights  and  privileges  of  natural  born  subjects.  A  right 
of  fishing  on  the  coasts  was  particularly  specified  ;  as  well 
as  to  buiid  all  necessary  stages,  in  places  not  occupied,  for 
drying  and  curing  fish. 

"  It  was  their  birthright,  as   British  subjects ;  it  was  their  spe- 
cial right,  as  secured  to  them  by  charter ;  and  the  British  I'arlia- 
mcnt,  itself,  could  deprive  them  of  it,  as  they  did,  only  by  one  of 
those  acts  which  provoked   and  justified  the  declaration  of  inde- 
pendence.    In  March  '75,  Parliament  passed  '  an  act  to  restrain  the 
trade  and  commerce  of  the  provinces  of  Massachusetts  Bay,  and 
Ncw-II'-impshirc,  and  colonies  of  Connecticut  and  Rhode  Island, 
and  Providence  plantation,  in  North  America,  to  Great  Britain,  Ire- 
land, and  the  British  islands  in  the  West  Indies ;  and  to  prohibit 
such  provinces  and  colonies  from  carrying  on  any  fishery  on  tliC 
Banks  of  Newfoundland,  and  other  places  therein  mentioned,  under 
certain  conditions  and  limitations.'     In  moving  for  leave   to  bring 
in  this  bill.  Lord  North  '•  supported  his  motion  by  declaring  that, 
as  the  Americans  had  refused  to  trade  with  this  kingdom,  it  was 
but  just  that  we  should  not  suffer  them  to  trade  with  any  other  na- 
tion.    In  particular,  he  said,  that  the  fishery  on  the  Banks  of  New- 
foundland, and  the  other  biinks,  and  all  the  others  in  America,  was 
the  undoubted  right  of  Great  Britain ;  therefore   we  might  dis- 
pose of  them  as  we  pleased.     That,  although  the  two  houses  had 
not  declared  all  Massachusetts  Bay  in  rebellion,  they  had  declared, 
that  there  is  a  rebellion  in  that  province.     It  was  just,  therefore, 
to  deprive  that  province  of  its  fisheries.' 

^'  In  the  debates  upon  this  bill,  all  the  abilities  and  all  the  elo- 
quence of  both  parties,  in  the  British  Parliament,  were  called  forth. 
On  this  bill,  Mr.  Charles  Fox  said,  *  that  the  bill  must  have  been 
calculated  to  put  an  end  to  all  that  remained  of  the  legislative  au- 
thority of  Great  Britain  over  AjnCrica.     That  it  must  be  intended 
to  show  to  the  colonies,  that  there  was  no  one  branch  of  supreme 
authority,  which  Parliament  might  not  abuse  in  such  a  manner,  as 
to  render  it  reasonable  to  deny,  and  necessary  to  resist  it.'     Then, 
after  enumerating  all  their  previous  acts  of  oppression,  he  added, 
'  but  the  British  legislature  is  now  to  convince  the  Americans,  that 
this  power,  thus  used,  may  be  made  by  far  the  most  oppressive, 
and  worse  than  any  of  those  they  had  hitherto  denied.     He  was 
quite  satisfied,  that  the  bill  was  meant  for  nothing  else,  but  to  ex- 


IIG 


TREATY     or    '83     WITH     ENGLAND. 


asperate  llie  colonics  into  open  nnd  direct  rebellion.'  Mr.  Burke, 
pursuing  the  same  i(lc:i,  and  enlarging  upon  it,  applied  to  the  mi- 
nistry, who  brought  forward  the  bill,  the  passage  from  Macbeth, — 

'I  om  in  bluod 

Stcpt  in  HO  far,  that,  bIiouUI  I  wndo  no  more, 

Returning  were  as  tedious  ns  go  o'er.' 

lie  said, '  that  the  scheme  was  new,  and  unheard  of,  in  any  civi- 
lized nation,  to  preserve  your  authority  by  destroying  your  do- 
minions. It  was  rather  the  idea  of  hostility  between  independent 
states;  where  one,  not  being  able  to  conquer  another,  thinks  to 
reduce  its  strength  gradually,  by  destroying  its  trade,  and  cutting 
off  its  resources.'  On  the  i»assage  of  the  bill  througn  the  House 
of  Lords,  tliere  was  u  protest  against  it,  signed  by  sixteen  peers, 
nmong  whom  are  the  names  of  Rockingham,  Camden,  and  Fitz- 
william. 

"  The  nature  of  the  rights  and  liberties,  consisted  in  the  free 
participation  in  a  fishery.  That  fishery,  covering  the  bol(om  of 
the  banks,  which  surround  the  island  of  Newfoundland,  the  oasts 
of  New-England,  Nova  Scotia,  the  gulf  of  St.  Lawrence,  and  Lr*- 
brador,  furnishes  the  richest  treasure,  and  the  most  beneficent,  that 
ocean  pays  to  earth,  on  this  terraqueous  globe.  By  the  pleasure 
of  the  Creator  of  earth  and  seas,  it  had  been  constituted,  in  its  phy- 
sical nature,  ONE  fishery,  extending,  in  the  open  seas  around  that 
island,  to  little  less  than  five  degrees  of  latiti;le  from  the  coast, 
spreading  along  the  whole  northern  coast  of  this  continent,  and  in- 
sinuating itself  into  all  the  bays,  creeks  and  harbours,  to  the  very 
borders  of  the  shores.  For  the  full  enjoyment  of  an  equal  share 
in  this  fishery,  it  was  necessary  to  have  a  nearly  general  access  to 
every  part  of  it.  The  habits  of  the  game,  which  it  pursues,  being 
so  far  migratory,  that  they  .vere  found,  at  different  periods,  most 
abundant  in  different  places ;  sometimes  populating  the  banks,  and 
at  others  swarming  close  upon  the  shores.  The  latter  portion  of  the 
fishery  had,  however,  always  been  considered  as  the  most  valuable, 
inasmuch  as  it  afforded  the  means  of  drying  and  curing  the  fish,  im- 
mediately after  they  were  caught,  which  could  not  be  effected  upon 
the  banks.  By  the  law  of  nature,  this  fishery  belonged  to  the  in- 
habitants of  the  regions  in  the  neighbourhood  of  which  it  was  sit- 
uated. By  the  conventional  law  of  Europe,  it  belonged  to  the 
European  nations,  whioh  had  formed  settlements  in  those  regions. 


TRKATY     OF    'ft3     WITH     EBTOLANP. 


n? 


coast, 
and  iii- 
tic  very 
share 
cccss  to 
!,  being 
s,  most 
s,  and 
of  the 
luablo, 
ish,im- 
d  upon 
the  in- 
as  sit- 
to  the 
■egions. 


"  The  contlniinncG  of  the  fishing  liberty  was  the  great  object  of 
the  article  ;*  and  the  language  of  the  article  was  accommodated  to 
the  severance  of  the  jurisdiction,  which  was  consummated  by  the 
same  instrument.  It  was  coinstantaneous  with  the  severance  of 
the  jurisdiction  itself;  and  was  no  more  a  grant  from  Great  Britain, 
than  the  right  acknowledged  in  the  other  part  of  the  article, — or 
than  the  independence  of  the  United  States,  acknowledged  in  the 
iirst  article.  It  was  a  continuance  of  possessions  enjoyed  before  ; 
and,  at  the  same  moment,  and  by  the  same  act,  under  which  the 
United  States  acknowledged  those  coasts  and  shores  as  being  under 
a  foreign  jurisdiction,  Great  Britain  recognised  the  liberty  of  the 
people  of  the  United  Stales  to  use  them  for  purposes  connected 
with  the  fisheries.  As  a  possession,  it  was  to  be  held  by  the  peo- 
pie  of  the  United  Slates,  as  it  had  been  held  before.  It  was  not, 
like  the  lands  partitioned  out  by  the  same  treaty,  a  corporeal  pos- 
session ;  but,  in  the  technical  language  of  the  English  law,  an  in- 
corporeal hereditanjcnt, — and,  in  that  of  the  civil  law,  a  right  of 
mere  faculty,  consisting  in  the  power  and  liberty  of  exercising  a 
trade,  places,  in  which  it  is  exercised,  being  occupied  only  for  the 
purposes  of  the  trade.  Now,  the  right  or  liberty  to  enjoy  this  pos- 
session, or  to  exercise  this  trade,  could  no  more  be  aflfected  or  im- 
paire.1  by  a  declaration  of  war,  than  the  right  to  the  territory  of 
the  nation.  The  interruption  to  the  exercise  of  it,  during  the  war, 
could  no  more  affect  the  right,  than  the  occupation,  by  the  enemy, 
of  territory,  could  affect  the  right  to  that.  The  right  to  territory 
could  be  lost  only  by  abandonment,  or  renunciation,  in  the  trealj' 
of  peace;  by  agreement  to  a  new  boundary  line, — or  by  acquies- 
cence in  the  occupation  of  the  territory  by  the  enemy.  The  fish- 
ery liberties  could  be  lost,  only  by  express  renunciation  of  them  in 
treaty, — or  by  acquiescence,  on  the  principle  that  the}'  were  for- 
feited, which  would  have  been  a  tiicit  renunciation.''t 

The  treaty  of  '83  was  an  instrument  of  a  peculiar  charac- 
ter. It  differed  in  its  most  essential  circumstances  from  most 
of  the  treaties  made  between  nations.  It  was  a  treat^'  of 
partition ; — a  treaty,  to  ascertain  the  boundaries  and  the 
lights  of  the  nation,  the  mother  country  acknowledged  to  be 

-        '      ■      .     *  See  Treaty,  Art.  3.  ~' 

;       t  The  Fisheries,  and  the  Mississippi. 


rt 


118 


theaty  of  '83  with  fnoland. 


created  by  that  instrument.  Intlepcndcnco  was  one  of  the 
stipulations  made  in  favour  of  America  by  Great  Britain,  (he 
boundaries  were  another,  the  fisheries  a  third ; — for  the 
mother  country  asserted  equal  claims  to  all  these  rights  or 
privileges.  The  treaties  made  by  France  or  Holland  with 
the  United  States  before  '83,  were  of  a  dilTorent  description. 
Those  countries  had  no  pretensions  to  the  government,  ter- 
ritories or  rights  of  the  colonies.  And,  therefore,  America 
did  not  seek  from  them  an  acknowledgment  of  her  own 
rights  or  privileges. 

The  conduct  of  the  American  commissioners,  in  agreeing 
to   the  provisional  articles  without  consulting  the  court  of 
France,  has  never  been  fully  explained.     The  8th  article  of 
the  treaty  of  alliance,  absolutely,  though  not  in  direct  terms, 
forbids  either  party  to  enter  into  any  negotiations  for  peace 
without  the  consent   of  the  other.      The  instructions  given 
to  the  commissioners  on  this  point,  were  as  precise  and  posi- 
tive as  language   could   make  them  ;  and   they  were   often 
repeated.     We  shall  quote   one  resolution   from  the   secret 
journals  of    Congress. — "  Resolved,   unanimously,   that    as 
neither  France  or  these  United  States  may  of  right,  so  these 
United  States   will  not  conclude  either  truce  or   peace  with 
the  common  enemy,  without  the  formal  consent  of  their  ally 
first  obtained ;  and   that  any    matters  or  things,  which  may 
be  insinuated  or  asserted  to  the  contrary  thereof,  tend  to  the 
injury  and  dishonour  of  the  said  states."     One  of  the  com> 
missioners,  at  least,  was  as  deeply    impressed  as   Congress 
with  the  impropriety  of  making  a  separate  peace;  and    as 
late  as  January  '82,  only  a  few  months  before  the  provisional 
articles  were  signed,  made   use   of  the  following  emphatic 
language  : — "  The  Congress  will   never  instruct  their  com- 
missioners to  obtain  a  peace  on  such  ignominious  terms  ;  and 
though  there  can  be  but  few  things  in  which  I  should  ven- 
ture to  disobey  their  orders,  yet  if  it  were  possible  for  them 
to  give  me   such  an  order  as   this,  I  should  certainly  refuse 
the  act.      I  should  instantly  renounce  their  commission,  and 
banish  myself  forever  from  so  infamous  a  country."      Speak- 
ing of  the  same  individual  in   the   preceding  August,   Mr. 


YRKATY    OK    '83    WITH    ENGLAND. 


119 


;  and 

"Id  ven- 

r  them 

refuse 


n, 


and 
jpeak- 
Mr. 


Jay  ubscrves,  "  he  seemed  to  be  much  perplexed  and  fettered 
hy  our  instructions,  to  be  guided  by  the  advice  of  this  court." 
It  is  impossible  to  suppose  that  these  sentiments  were  not  sin- 
cere. At  that  time  it  could  neither  have  been  for  the  welfare 
nor  the  honour  of  America  to  have  consented  to  such  an  ar- 
rangement. M.  dc  Vcrgenncs  had  been  at  great  pains  to  in- 
form the  American  commissioners  of  the  intrigues  of  the  Eng- 
lish for  a  separate  peace  ;  and  had  apparently  spoken  with  pride 
and  exultation  of  the  rt^ndiness  and  firmness,  with  which  he 
had  resisted  these  endeavours.  In  the  first  instructions  given 
to  Mr.  Adams,  France  having  complained,  that  the  commis- 
sioner was  not  directed  to  consult  the  French  court,  a  reso- 
lution was  adopted  to  remove  this  ground  of  uneasiness. 
England,  as  M.  de  Vergenncs  declared,  in  the  spring  of  '83, 
offered  France,  to  induce  her  to  a  separate  peace,  the  pos- 
session of  her  conquests  in  the  West  Indies,  the  suppression 
of  the  commissary  at  Dunkirk,  and  advantages  in  the  East. 
This  proposal  was  indignantly  rejected.  Uncommon  harmo- 
ny, a  mutual  good  understanding,  and  a  ready  communication 
of  uU  important  matters,  appear  to  have  prevailed  up  to  the 
hour  that  the  preliminaries  were  signed.  The  negotiation 
was  conducted  both  on  the  part  of  France  and  of  the  United 
States,  agreeably  to  the  recommendation  and  advice  of  M. 
de  Vergennes,  expressed  a  few  months  before.  Though 
each  nation  treated  with  a  separate  commissioner,  the  nego- 
tiation was  simultaneous,  and  it  was  understood  that  the 
preliminaries  should  all  be  signed  on  the  same  day.  On  the 
29th  of  November,  Dr.  Franklin  wrote  to  M.  de  Vergennes, 
to  inform  him,  that  the  provisional  articles  between  Great 
Britain  and  the  United  States  were  agreed  on.  He  conclud- 
ed by  saying  :  "  To-morrow  I  hope  we  shall  be  able  to 
communicate  to  your  excellency  a  copy  of  them."  The 
next  day,  the  30tb,  they  were  signed.  But  they  were  not 
communicated  till  after  the  signatures  were  affixed.  The 
separate  article  respecting  Florida  was  never  communicated 
at  all.  The  court  of  France  regarded  this  proceeding  with 
great  dissatisfaction  ;  and  the  minister  soon  expressed  in 
bitter  language,  the  chagrin  and  mortification  he  felt  at  the 
circumstance  : 


ti 


KH. 


120 


TREATY    OF    '83    WITH    ENGLAND. 


■|   I 


..  "  I  find  great  difficulty  in  explaining  your  conduct  and  that  of 
your  colleagues.  You  have  concluded  your  preliminary  articles 
without  giving  us  information,  though  your  instructions  particularly 
directed  you  to  take  no  steps  without  the  participation  of  the  king. 
You  are  going  to  raise  in  America  hopes  of  an  undoubted  peace, 
and  we  are  here  in  reality  ignorant  of  the  state  of  your  negotiation. 
You  are  celebrated,  sir,  for  wisdom  ;  you  are  acquainted  with  the 
obligations  of  society ;  you  have  discharged  your  duties  with  ex- 
actness during  your  life.  Do  you  think  that  in  this  business  you 
have  fulfilled  those  that  bind  you  to  the  king  ?  1  shall  not  extend 
my  reflections  further.  I  leave  them  to  your  own  ideas  of  propri- 
ety." 

We  shall  extract  part  of  the  letter  Dr.  Franklin  wrote  in 
answer  to  these  reproaches.  We  believe  none  of  our  read- 
ers will  think  it  remarkable  for  its  dignity  : 

"  Nothing  has  been  agreed  on  in  the  preliminaries  contrary  to 
the  interests  of  France,  and  no  peace  is  to  take  place  between  us 
and  England,  till  you  have  concluded  yours.  Your  observation  is, 
however,  apparently  just,  that  in  not  consulting  you  before  they 
were  signed,  we  have  been  guilty  of  neglecting  a  point  of  biense- 
ance.  But  as  this  was  not  from  want  of  respect  for  the  king,  whom 
we  all  love  and  honour,  we  hope  it  will  be  excused,  and  that  the 
great  work,  which  has  hitherto  been  so  happily  conducted,  is  so 
nearly  brought  to  perfection,  and  is  so  glorious  to  his  reign,  will 
not  be  ruined  by  a  single  indiscretion  of  ours.  And,  certainly,  the 
whole  edifice  sinks  to  the  ground  immediately,  if  you  refuse  on 
that  account  to  give  us  any  further  assistance.  It  is  not  possible 
for  any  one  to  be  more  sensible  than  I  am,  of  what  I  and  every 
American  owe  to  the  king,  for  the  many  and  great  benefits  and 
favours  he  has  bestowed  upon  us.  All  my  letters  to  America  are 
proofs  of  this,  all  tending  to  make  the  same  impressions  on  the 
minds  of  my  countrymen,  that  I  felt  in  my  own.  And  I  believe 
that  no  prince  was  ever  more  beloved  and  respected  by  his  own 
subjects,  than  the  king  is  by  the  people  of  the  United  States.  The 
English,  I  just  now  learn,  flatter  themselves  they  have  already 
divided  us.  I  hope  this  little  misunderstanding  will,  therefore,  be 
kept  a  perfect  secret,  and  that  they  will  find  themselves  totally 
mistaken." 


TREATY  OF 


'83 


WITH  ENGLAND. 


121 


This  direct  deviation  from  positive  instructions,  this  appa- 
rent ingratitude  and  perfidy  to  a  faithful  and  valuable  ally,  is 
susceptible  of  a  full  and  ready  explanation."*  Early  in  1782 
it  was  foreseen  that  England  was  not  the  only  country,  that 
would  present  obstacles  to  a  peace,  safe  and  satisfactory  to 
the  United  States.  America,  now  independent,  found  her- 
self compelled  to  resist  Spain,  claiming  territory  on  the  one 
hand,  and  France  seeking  an  exclusive  possession  of  the  fishe- 
ries on  the  other.  She  had  succeeded  to  the  rights,  the  ad- 
vantageous position,  and  a  portion  of  the  commerce  of  the 
mother  country  in  the  new  world ;  and  undoubtedly  France 
and  Spain  were  well  aware,  that  the  United  States  would 
become  dangerous  neighbours  on  the  land,  and  troublesome 
competitors  on  the  ocean.  Tiie  American  colonies  had  al- 
ways been  so,  even  while  their  trade  was  subject  to  the  con- 
trol and  prohibition  of  Great  Britain.  But  France  and  Spain 
did  not  anticipate,  that  America  would  either  claim,  or  be 
able  to  maintain  all  the  former  rights  of  the  colonies.  They 
entered  into  the  negotiation  of  '82  with  the  intention  and 
expectation  of  extorting  from  England,  to  the  injury  of  the 
United  States,  some  portion  of  her  territory,  and  a  part  of 
one  of  her  most  valuable  privileges.  Both  those  countries 
had  a  heavy  balance  to  settle  with  Great  Britain  in  the  new 
world  ;  and  they  remembered,  with  bitterness  and  mortifica- 
tion, the  provisions  of  the  two  treaties  of  Utrecht  and  Paris. 

Spain  was  the  first  court  that  advanced  pretensions  incom- 
patible with  the  just  and  undoubted  boundaries  of  the  United 
States.  At  the  time  of  Mr.  Jay's  negotiation  in  that  country, 
in  1780,  the  Spanish  minister,  Count  d'Aranda,f   intimated 


*  Wo  have  the  following  anecdote  from  a  direct  source.  Dr. 
Franklin,  ono  day  sitting,  during  the  discussion  of  the  question  of  in- 
structions, in  Mr.  Jay's  room  at  Paris,  S'lid  to  that  gentleman,  "Will 
you  break  your  instructions  ?"  "  Yes,"  replied  Mr.  Jay,  who  was 
smoking  a  pipe,  "  as  I  break  this  pipe  ;" — and  immediately  threw  it 
into  the  fire. 

t  There  is  now  in  the  Department  of  State  at  Washington  a  copy 
of  Michel's  map  of  North  America,  on  which  the  Count  d'Aranda 
tracetl,  in  the  presence  of  Mr.  Jay  at  Paris  in  the  summer  of '82,  where 

VOL.     1.  16 


ri^ 


TREATY     OF    '83     WITH     ENGLAND. 


an  intention,  on  the  part  of  his  government,  of  excluding 
America  from  territory  to  the  westward  of  the  Alleghany. 
The  pretension  was  in  every  way  ill  founded  ;  but  Spain  was 
a  powerful  nation,  governed  by  a  Bourbon,  in^  close  alliance 
with  France,  firmly  united  to  that  country  by  a  family  com- 
pact, and  an  uncommon  identity  of  views  and  policy.  They 
had  embarked  in  the  general  war  with  England,  and  were  en- 
gaged in  the  general  negotiation  at  Paris.  The  ministers  of 
the  two  Bourbon  princes  acted  upon  all  occasions  in  exact 
concert,  and  would  mutually  contribute  either  to  depress 
England,  or  to  abridge  the  new  and  unconfirmed  powers  and 
rights  of  the  United  States.  In  truth,  to  consult  France  con- 
cerning boundaries,  was  indirectly  obtaining  the  approbation 
of  Spain ;  and  the  commissioners  had  every  reason  to  suppose 
that  latter  country  would  never  consent  to  the  western  fron- 
tier, marked  out  in  the  preliminary  articles.  The  apprehen- 
sion of  meeting  with  obstacles  in  securing  this  valuable,  nay, 
indispensable  boundary,  acted  as  a  poAverful  inducement  not 
only  to  hasten  the  progress  of  the  preliminaries,  but  as  a  jus- 
tifiable pretence  for  withholding  the  knowledge  of  them  from 
the  court  of  France.  These  considerations  rendered  it  in- 
expedient to  communicate,  at  any  period  of  the  negotiation, 
the  separate  article  on  the  conditional  boundaries  of  West 
Florida. 

During  the  negotiation  the  frequent  conferences  between 
M.  de  Vergennes  and  M.  d'Aranda  were  well  known  to  the 
American  commissioners.     It  was,  also,  ascertained  that  in 

the  Count  was  then  Spanish  minister,  the  boundaries  of  Spain,  begin- 
ning, on  the  north,  at  tlie  confluence  of  the  Ohio  and  the  Renhawah, 
and  running  round  the  western  sliores  of  Erie,  Huron  and  Michigan 
to  lake  Superior.  This  boundary  included  all  the  Western  States. 
As  early  as  January  1780,  the  French  minister  communicated  to  Con- 
gress by  order  of  his  court  the  following  statement  of  claims  on  the 
part  of  Spain. 

"  The  exclusive  navigation  of  the  Mississippi.  The  possession  of 
the  Floridas.     And  the  lands  on  the  left  bank  of  the  Mississippi." 

It  is  very  clear,  Spain  intended  to  obtain  from  the  United  States  an 
acknowledgment  of  these  pretensions  before  she  recognised  the  inde- 
pendence. 


TREATY  OP  '83  WITH  ENGLAND. 


123 


August  '82,  M.  de  Rayneval  had  been  sent  privately  to  Lon- 
don, and  on  the  morning  of  his  departui  j  the  Spanish  minis- 
ter went,  contrary  to  his  usual  practice,  with  post  horses  to 
Versailles,  where  he  passed  several  hours  with  M.  de  Ver- 
gennes.     The  object  of  this  mission  was  supposed  to  be,  to 
give  notice  to  Great  Britain,  that  France  did  not  approve  of 
the  pretension  of  the  United  States  to  treat  as  an  independent 
power, — to  ascertain,  whether  England  would  agree  to  di- 
vide the  fisheries  with  France, — and  to  impress  upon  Eng- 
land the  determination  of  Spain  to  adhere  to  the  exclusive 
possession  of  (he  Gulf  of  Mexico, — and  to  agree  to  give  Great 
Britain,  eventually,  all  the  country,  north  of  the  Ohio.   France, 
also,  formally  and  publicly  supported  the  pretensions  of  Spain 
to  the  Mississippi — De  Rayneval  wrote  a  long  memoir  on  the 
subject,  in  which  he  remarks,  "  It  is  evident,  that  the  Ameri- 
cans can  only  borrow  from  England  the  right,  they  pretend 
to  have,  to  extend  as  far  as  the  Mississippi.     Before  the 
treaty  of  Paris,  France  possessed  Louisiana  and  Canada,  and 
she  considered  the  savage  people  to  the  east  of  the  Missis- 
sippi either  as  independent,  or  as  under  her  protection.    Nei- 
ther Spain  nor  the  United  States  have  the  least  dominion  over 
the  lands  in  question,  as  the  king  of  Great  Britain  declared 
he  had  none  by  his  proclamation  of  October  1763.     By  the 
line  I  propose,  Spain  will  lose  almost  the  whole  course  of  the 
Ohio.     As  to  the  na^  gation  of  the  Mississippi,  it  will  follow 
with  the  property.      If  Spain  preserves  West  Florida,  she  will 
be  master  to  the  31st  degree.     Whatever  may  be  the  situa- 
tion to  the  north  of  this  parallel,  the  Americans  can  have  no 
pretensions  to  it,  not  being  proprietors  of  either  bank  of  the 
river."     From  a  government  maintaining  these  doctrines  the 
United  States  could  not  look  for  much  support  and  counte- 
nance in  asserting  her  own  just  claim. 

The  boundaries  America  sought,  were  the  legitimate  boun- 
daries of  her  country  ;  at  least,  it  ill  became  Spain  to  qontest 
them.  No  other  country  in  Europe,  but  England,  could  pos- 
sibly claim  a  right  to  dictate  to  the  United  States  on  the 
western  quarter;  for  England,  in  her  original  capacity,  ac- 
tually owned  as  far  as  the  Mississippi.     The  negotiation,  tak- 


nm 


124 


TREATY     OF     '83     WITH     ENGLAND. 


ing  at  this  time  an  unexpected  turn,  America  and  England 
became  parties  to  oppose  the  aspiring  spirit  of  the  house  of 
Bourbon.  Circumstances  produced  a  sudden  coalition  be- 
tween two  nations,  engaged  for  seven  years  in  cruel  warfare, 
and  which  had  ended  in  the  total  discomfiture  of  one  of  them. 
It  was  for  the  benefit  of  both  to  conclude  a  peace  as  speedily 
as  possible,  England  to  lessen  the  number  of  her  enemies,  and 
America  to  prevent  her  former  allies  from  despoiling  her  of 
those  rights,  her  recent  enemy  had  consented  to  resign. 

On  the  side  of  France,  the  United  States  had  much  more 
to  fear.      She  was  disposed  to  curtail  their  fishing  rights  and 
privileges,  to  maintain  Spain  in  her  pretensions  respecting 
boundaries,  and  to  aid  England  in  exacting  a   compensation 
for  the  loyalists.     A  letter  written  by  M.  de  Marbois,  secre- 
tary of  the  French  legation,  from  Philadelphia,  dated  March 
1 3th,  '82,  intercepted  and  decyphered  at  the  time,  if  it  did  not 
give  the  first  intimation  of  similar  designs  in  the  French  court, 
strengthened  at  least,  the  suspicions  before  entertained.     M. 
de  Marbois  advised  M.  de  Vergennes  to  cause  it  to  be  inti- 
mated to   the   American  ministers,  "  his   surprise    that  the 
Newfoundland  fisheries  have  been  included  in  the  additional 
instructions.      That  the  United  States  set  forth    pretensions 
therein,  without  paying  regard  to  the  fcrng-'s (French)  rights^ 
and  without  considering  the  impossibility  they  are  under  of 
making  conquests,  and   of  keeping   what   belongs   to   Great 
Britain.*     It  will  be  better  to  have  it  declared  at  an  early 
period  to  the  Americans,  that  their  pretensions  to  the  fishe- 
ries of  the  great  Bank  are  not  founded,  and  that  his  majesty 
does  not  mean  to  support  them."      These  extracts,  taken  in 
connexion  with  the  obvious  policy  of  the  French  court,  and 
the  declaration  of  de  Rayneval  to  Jay  and  Franklin  at  Passy 
in  October  '82,  that  the  American   fishing  right  should  not 
extend  beyond  a  coast  one,  could  leave  few  doubts  concern- 
ing its  designs.      The  commissioners  had  received  precise  and 
positive  instructions,  on  no  account  to  surrender  the  fishe- 


*  Mr.  Ralph  Izzard,  of  South  Carolina,  suggested  to  Mr.  Adams,  iu 
April  78,  that  France  had  formed  a  design  to  deprive  America  of  tlie 
fisheries. 


TUFATY     OF     '83     WITH     FNGI.ANP. 


125 


lies.*     The  importance  of  this  branch  of  commerce  was  well 
known  to  them  ;  they  saw  it  was  in  jeopardy,  and  they  be- 


*  Tills  remark  rccjiiirus  an  explanation.     In  the  instructions  to  con- 
clude a  treaty  of  peace,  an  "  equal  common  right  to  the  fisheries,"  was 
not  made  an  ultimatum.     But  on  the  subject  of  a  "  treaty  of  com- 
merce," the  following  directions  were  given  to  the  commissioners: — 
"  In  order  tliat  you  may  he  the  better  able  to  act  with  propriety  on 
this  occasion,  it  is  necessary  for  you  to  know,  that  we  have  deter- 
mined, 1st.  That  the  common  right  of  fishing  shall  in  no  case  be  given 
up.     ^d.  That  it  is  essential  to  the  welfare  of  all  these  United  States, 
that  the  inhabitants  thereof  at  the  expiration  of  the  war,  should  conr 
tlnue  to  enjoy  the  free  and  undisturbed  exercise  of  their  connnon  righ^ 
to  fish  on  the  banks  of  Newfoundland,  and  the  other  fishing  bank^ 
and  seas  of  North  America,  j)rcscrving  inviolate  the  treaties  between 
France  and  the  said  states.     3d.  That  aftplication  shall  be  made  to  hi:^ 
most  Christian  Majesty  to  agree  to  some  article  or  articles  for  the  bet- 
ter securing  to  these  states  a  sliare  in  the  said  fisheries.     4th.  That  if, 
after  a  treaty  of  peace  with  Great  Britain,  she  shall  molest  the  citizens 
or  inhiibitants  of  any  of  the  United  States,  in  taking  fish  on  the  banks 
and  places  hereinafter  described,  such  molestation,  being  in  our  o|>i- 
nion  a  direct  violation  and  breach  of  the  peace,  shall  be  a  common 
cause  of  the  said  states,  and  tiie  force  of  the  Union  be  exerted  to  ob- 
tain redress  for  the  parties  injured;  and  .5th.  That  our  faith  be  pledg- 
ed to  the  several  states,  that  without  their  unanimous  consent,  no 
treaty  of  commerce  shall  bo  entered  into,  nor  any  trade  or  commerce 
carried  on  with  Great  Britain,  without  the  exidicit  stipulation  herein- 
after mentioned.     You  are,  therefore,  not  to  consent  to  any  treaty  of 
commerce  with  Great  Britain,  without  an  explicit  stipulation  on  her 
part,  not  to  molest  or  disturb  the  inhabitants  of  the  United  States  of 
America  in  taking  fish  on  tlic  banks  of  Newfoundland,  and  other  fish- 
erics  in  liie  American  seas,  any  wiiere,  excepting  within  the  distance 
of  three  leagues  of  the  shores  of  the  territories  remaining  to  Great 
Britain  at  the  close  of  the  war.  If  a  nearer  dis^tance  cannot  be  obtained 
by  negotiation.     And  in  the  negotiation,  you  are  to  exert  your  most 
strenuous  endeavours  to  obtain  a  nearer  distance  to  the  Gulf  of  St. 
Lawrence,  and  particularly  along  the  shores  of  Nova  Scotia,  as  to 
which  latter  we  are  desirous  that  even  tlie  shores  may  be  occasionally 
used  for  the  purpose  of  carrying  on  the  fisheries,  by  the  inhabitants  of 
these  states."     The  parties  in  Congress  on  the  fisheries,  appear  to 
liave  been  equally  divided  ;  at  least,  the  struggle  was  very  long.     One 
party  could  not  obtain  a  majority  to  induce  Congress  to  give  them  up, 
nor  the  other  to  make  them  an  ultimatum  of  peace. 


126 


TREATY  OF 


'83  WITH  ENGLAND. 


licved  it  to  be  more  lor  the  interest  of  the  country  to  adhere 
to  this  portion  of  their  instructions,  than  to  disobey  those, 
that  related  to  the  communication  of  the  preliminaries.''*' 

The  French  minister  was  also  disposed  to  unite  with 
England  in  insisting  upon  a  compensation  to  the  loyalists. 
France  did  not  join  in  the  war  for  the  sake  of  supporting  the 
cause  of  liberty ;  nor  could  the  French  government  regard 
the  principles  of  the  American  revolution  with  kindness  or 
confidence.  It  was  natural  France  should  feel  a  greater 
sympathy  for  monarchical  governments,  and  individuals  that 
maintained  monarchical  principles.  When  she  assisted  Ameri- 
ca, it  is  not  at  all  likely  she  looked  to  the  kind  of  government 
that  would  be  established  ;  but  it  is  most  likely  she  would 
have  preferred  the  establishment  of  any  other  than  a  repub- 
lican one  ;  at  any  rate,  there  appears  to  be  no  inconsistency 
in  supposing  that  France  might  be  desirous  that  the  United 
States  should  succeed  against  England,  and  at  the  same  time, 
think  it  e]^tremely  just  that  a  compensation  should  be  given 
to  ihat  portion  of  the  people,  who  had  been  faithful  to  their 
king.  The  preliminaries  signed  with  England  contained 
nothing  unfavourable  to  France.  England  ceded  to  the  Unit- 
ed States  nothing  that  either  France  or  Spain  could  under 
any  reasonable  pretence  claim.  And  it  was  made  a  condi- 
tion of  the  preliminaries  that  the  definitive  treaty  should  not 
be  concluded  till  peace  was  made  between  England  and 
France.  The  commissioners  may  have  been  guilty  of  a 
neglect  of  bienseance  (to  use  Dr.  Franklin's  expression),  but 
no  harsher  term  could  justly  be  applied  to  their  conduct. 
France  set  the  example  of  disregarding  the  spirit  of  concert 
and  mutual  aid  and  confidence,  enjoined  upon  the  two  pow- 
ers by  the  treaties  of  amity  and  alliance  ;  for  she  was  secret- 
ly using  her  influence,  at  that  time  very  powerful,  in  a  man- 
ner injurious  to  America.      The  confederation,  therefore,  was 


*  Congress  directed  tlie  cf-mmissioiiers  to  coinmunicnte  every  step 
to  the  French  minister,  "  ultimately  to  govern  themselves  by  the  ad- 
vice and  instruction  of  the  French  court."  This  arrangement  actually 
made  M.  de  Vergenncs  minister  plenipotentiary  for  the  United  States. 
It  committed  their  independence  and  interests  to  his  control. 


TRHATY     or     '83     WITH     BNOLAND. 


137 


.  no  longer  under  any  obligation  to  adhere  to  the  conditions  of 
the  treaty  of  alliance.  Being  opposed,  nay  deserted,  by 
their  ally  on  the  first  approaches  of  peace,  the  American 
commissioners  considered  themselves  absolved  from  obeying 
the  instruction  that  directed  them  to  consult  France.  In- 
deed, the  silence  of  the  French  minister  in  relation  to  this 
proceeding,  aflbrds  ample  justification  for  their  conduct.  The 
only  notice  of  the  dissatisfaction  of  his  government,  we  have 
on  record,  is  in  the  letter  written  to  Franklin  by  M.  deVer- 
gennes.  The  minister  rather  intimates  there  that  the  com- 
missioners had  been  guilty  of  an  act  of  indecorum.  The  let- 
ter is  severe  and  reproachful  in  its  terms  and  allusions,  but 
it  does  not  treat  the  deviation  as  a  very  serious  business,  as 
in  reality,  it  was  not.  The  intercourse  between  the  minis- 
ters was  not  interrupted ;  M.  de  Vergennes  sent  despatches 
by  the  vessel  the  commissioners  had  engaged  to  carry  a  copy 
of  tbe  provisional  articles ; — the  resident  in  America  entered 
no  protest  touching  the  conduct  of  the  commissioners,  nor  did 
he  make  any  complaint  whatever; — and  the  French  court 
appeared  to  be  satisfied  with  the  explanations  that  were  given. 
We  may,  therefore,  infer  from  these  circumstances,  either 
that  the  government  thought  the  deviation  quite  insignificant, 
or  that  there  were  sufficient  reasons  for  it.*  These  remarks 
arc  made  for  the  single  purpose  of  justifying  the  American 
commissioners,  though  it  will  appear  by  an  extract  of  a  let- 
ter, we  are  about  to  make  from  Dr.  Franklin,  of  July  1783, 
that  the  commissioners,  themselves,  were  not  agreed  on  the 
motives,  which  governed  M.  de  Vergennes.      Messrs.  Adams 


roan- 
-,  was 


*  When  the  definitive  treaty  wiis  signed,  the  Englisli  commissioner 
refused  to  sign  it  at  Versailles.  It  was  therefore  signed  at  Paris.  M. 
de  Vergennes  d«sired  the  American  commissioners  to  send  him  an  ex- 
press to  Versailles  when  it  was  done,  as  he  did  not  choose  to  sign  on 
the  part  of  France,  till  he  was  sure  the  American  treaty  was  complet- 
ed. It  has  been  stated  by  a  person  of  high  authority,  that  an  attempt 
was  uinde  iu  Congress  to  pass  a  resolution  of  censure  on  the  commis- 
sioners for  the  deviation  from  their  instructions  in  regard  to  the  court 
uf  France.  But  it  was  not  successful ;  nor  do  any  traces  now  remain 
of  the  votes  or  debate. 


128 


TREATY    OF     '83     WITH     ENGLAND. 


and  Jay  seem  to  have  had  little  confidence  in  the  professions 
of  the  French  court,  and  upon  those  topics  in  regard  to  which 
a  diversity  of  opinion  existed,  they  prevailed  against  Dr. 
Franklin  ;  but  this  circumstance  produced  neither  coldness 
nor  discord.  "  It  gives  me  great  pleasure,"  writes  Mr.  Jay, 
December  12, '82,  "to  inform  you  that  perfect  unanimity 
has,  hitherto,  prevailed  among  your  commissioners.  There 
has  not  been  the  least  division  or  opposition  among  us,  since 
the  negotiation  began  with  Mr.  Oswald.  Mr.  Adams  was 
particularly  useful  respecting  the  eastern  boundary  ;  and  Dr. 
Franklin's  firmness  on  the  subject  of  the  tories  did  us  much 
service."  The  passage  to  which  we  alluded  in  the  begin- 
ning of  this  paragraph,  is  as  follows.  "  I  will  only  add,  that, 
with  respect  to  myself,  neither  the  letter  of  M.  de  Marbois, 
nor  the  conversations  respecting  the  fisheries,  the  boundaries, 
the  royalists,  &c.  recommending  moderation  in  our  demands, 
are  of  weight  sufficient,  in  my  mind,  to  fix  an  opinion,  that 
this  court  wished  to  restrain  us  in  obtaining  any  degree  of 
advantage,  we  could  prevail  on  our  enemies  to  accord,  since 
those  discourses  are  fairly  resolvable  by  supposing  a  very 
natural  apprehension,  that  we,  relying  too  much  on  the  ability 
of  France  to  continue  the  war  in  our  favour,  and  supply  us 
constantly  with  money,  might  insist  on  more  advantages,  than 
England  would  be  willing  to  grant,  and,  thereby,  lose  the  op- 
portunity of  making  a  peace,  so  necessary  to  all  our  friends." 
To  France  herself,  America  was  under  great  obligations. 
That  corntry  had  certainly  afforded  material  assistance,  espe- 
cially in  the  supply  of  arms,  money  and  military  stores. 
These  articles  were  furnished  at  an  early  period  of  the  war, 
when  they  were  indispensable,  and  could  not  have  been  ob- 
tained from  other  countries.  In  the  course  of  '78,  79,  80, 
France  loaned  America  8,000,000  on  favourable  terms.  It 
is  unreasonable  and  even  ridiculous  to  enquire  into  the  mo- 
tives, that  induced  her  to  make  the  alliance.  It  is  sufficient 
to  say  that  it  was  most  fortunate  for  America  she  could  offer 
such  inducements  to  France  as  ultimately  to  lead  her  into  the 
measure. 


mEATY     OF     '83     WITH     ENGLAND. 


139 


Since 


This  treaty,  exceedingly  favourable  and  honourable  to 
America,  %vas  negotiated  hy  the  commissioners  with  uncom- 
mon address  ;  they  took  advantage  successfully  of  the  ancient 
jealousy  and  enmity  that,  existed  between  England  and  the 
house  of  Bourbon.  Without  entering  into  this  fearful  war 
for  independence,  America  obtained  an  acknowledgment  of 
it  in  the  fullest  manner,  as  well  as  a  confirmation  of  the 
original  boundaries  of  the  colonies,  and  a  recognition  of  her 
rights  and  privileges  in  the  fisheries.  She  made  a  much 
more  favourable  treaty  witJi  Great  Britain  than  either  Spain 
or  France.  The  Spanish  minister,  de  Florida  Blanca,  was 
not  satisfied  with  the  peace  ;  he  said  of  it :  "  The  French 
minister  was  too  precipitate  in  beginning  the  war,  and  too 
precipitate  in  making  peace."  A  Spaniard  would  be  expect- 
ed to  say  as  much.  He,  also,  expressed  an  opinion,  that 
Vergennes  had  concerted  with  the  Americans  to  withhold 
the  preliminaries,  in  order  to  force  Spain  to  a  peace.  In 
England  the  treaty  with  America  was  unpopular,  and  taken, 
together  with  the  concessions  she  was  absolutely  under  the 
necessity  of  making  at  the  same  time  to  France  and  Spain, 
threw  the  ministiy  into  a  minority  in  the  first  debate  in  the 
House  of  Commons.  The  acknowledgment  of  the  inde- 
pendence of  this  country  would  have  cost  any  administration 
their  places,  but  the  time  had  come  when  the  colonies  must 
be  sacrificed,  together  wifh  the  ministry  that  consented  to  the 
dismemberment, — an  act  of  self-devotion  to  the  good  of  their 
country,  and,  one  may  truly  say,  of  the  world.  Lord  Shel- 
burne's  administration  fell  before  the  combined  array  of  the 
original  opposition,  represented  by  Mr.  Fox,  and  that  portion 
of  the  ministerial  party  that  had  declared  the  war,  and  had 
retired  with  Lord  North.  From  this  state  of  parties  pro- 
ceeded the  most  monstrous  and  unnatural  coalition  to  be  met 
with  in  English  history,  but  upon  which  the  nation,  at  an 
early  hour,  wreaked  the  full  measure  of  its  vengeance.  On  / 
the  part  of  Great  Britain,  it  was  a  treaty  to  declare  the  inde- 
pendence of  America.  The  other  conditions,  concerning 
territory  and  the  fisheries,  though  undoubtedly  extorted,  fol- 
lowed as  necessary  consequences.     But  time  has  proved  that 

VOL.    1.  17 


130 


TREATY     or    '83     WITH    ENGLAND. 


necessity  acted,  on  this  occasion,  the  part  of  good  poh'cy. 
America  would  have  been  uneasy  under  any  terms,  th%t  at 
all  abridged  the  freedom  and  perfect  independence  of  her 
situation.  She  had  become  a  nation,  and  she  properly  and 
naturally  required  all  those  rights  and  privileges,  which  be- 
long to  that  condition.  Great  Britain  could  not  have  held  a 
hunting  lodge,  or  exercised  a  single  franchise  within  territory 
or  jurisdiction,  once  strictly  colonial,  without  awakening  im- 

^  mediate  jealousies,  or  speedily  interrupting  the  peace. 

"^  Before  finishing  the  account  of  this  treaty,  it  is  only  ne- 
cessary to  remark,  that  the  commissioners  did  nut  succeed  in 
making  any  commercial  arrangements.  They  thought  it  ad- 
visable to  defer  the  consideration  of  that  subject,  though  they 
had  already  secured  one  of  the  principal  objects,  proposed  in 
a  commercial  treaty.  The  English  sought  for  delaf  in  this 
business ;  they  were  not  prepared  for  the  new  state  of  things  ; 
they  had  not  determined  on  what  conduct  to  pursue  in  regard 
to  America ;  or  they  might  have  had  hopes  that  the  revolution 
was  not  thoroughly  consolidated.  Evidently,  an  expectation 
was  entertained,  that  the  confederacy  would  dissolve  from 
weakness,  and  that  some  portion  of  the  wreck  would  seek 
again  the  support  and  union  of  the  mother  country ;  a  senti- 
ment, which  was  universal  throughout  Europe. 


r.  f^i  "Mf 


*»>*-»        (      l.'3l      ) 


CHAPTER     V. 


TREATIES   OF  1785  AND   1790   WITH   PRUSSIA. 


Fotirlh  power  in  Europe  to  conclude  a  Treaty — Lee  appointed  in  '77 
to  Berlin  anil  Vienna — JVot  received  by  either  court — Remarks  on 
Jlustria — IJisfull  powers  stolen  at  Berlin — His  account  of  that  busi- 
ness— Hessians  made  to  pay  same  toll  as  cattle — CarmichaeVs  letter 
—Letter from  King  to  Lee — Lettersfrom  Prussian  Minister — Adams 
respecting  Elliot — Prince  Henry — Treaty  of  '05 — Peculiar  provi- 
sions— Private  war  abolished — Treaty  of  '99 — Last  mission  to 
Prussia  political — Dangerous  policy.  _. 

Though  Prussia  took  no  part  in  the  revolution  war,  she 
was  the  fourth  power  in  Europe  to  conclude  a  treaty  of  ami- 
ty and  commerce  with  the  United  States.'"'  At  peace  with 
England,  soon  after  the  commencement  of  hostilities  Prussia 
was  threatened  with  a  war  by  the  emperor,  which,  indeed, 
actually  took  place  about  the  time,  the  United  States  applied 
to  her  government  for  aid  and  alliance.  But  Frederick  II., 
usually  called  the  Great,  was  not  animated  with  a  friendly 
feeling  towards  England,  and  it  is  well  known,  he  viewed 
the  progress  of  the  American  revolution  with  satisfaction. f 
Very  early  in  the  war.  Congress  took  steps  to  obtain  the  co- 
operation of  Prussia,  together  with  that  of  some  other  pow- 
ers in  Europe  ;  and  in  May  1777,  William  Lee,  of  Virginia, 
was  appointed  a  commissioner  to  the  courts  of  Vienna  and 
Berlin.  The  objects  of  the  mission  are  fully  explained  in 
his  instructions,  of  which  we  subjoin  an  extract  : 

"  As  it  is  of  the  greatest  importance  to  these  states,  that  Great 
Britain  be  effectually  obstructed  in  the  plan  of  sending  German  and 

*  The  treaty  of '83  with  England,  was  of  a  different  description. 

t  The  reader  will  find  some  remarks  on  this  subject,  in  the  third 
volume  of  bis  works. 


132 


TKKATIRS     WITH     PRIT88IA. 


11 


Rusxian  troops  to  North  America^  you  will  exert  all  possible  nddicss 
ami  vigour  to  cultivate  the  I'riend.shii)  and  procure  the  interference 
of  the  emperor  of  Ciermany,  and  king  of  I'russia.  To  this  end, 
you  will  propose  treaties  of  friendship  and  commerce  with  these 
powers,  on  the  same  commercial  principles  as  were  the  basis  of 
the  first  treaties  of  friendship  and  commerce,  proposed  to  the  courts 
of  France  and  Spain  by  our  commissioners,  and  which  were  ap- 
proved in  Congress  on  the  seventeenth  day  of  September  1770  ; 
and  not  interfering  with  any  treaties,  which  may  have  been  pro- 
posed to,  or  concluded  with  the  courts  above  mentioned.  For  your 
better  instruction  herein,  the  commissioners  at  the  court  of  Ver- 
sailles will  be  desired  to  furnish  you  from  Paris  with  a  copy  of  the 
treoty,  originally  proposed  by  Congress  to  be  entered  into  with 
France,  together  with  the  subsequent  alterations,  that  have  been 
proposed  on  cither  side.  You  are  to  propose  no  treaty  of  com- 
merce to  be  of  longer  duration  than  the  term  of  twelve  years  from 
the  date  of  its  ratification  by  the  Congress  of  the  United  States. 
And  it  must  never  be  forgotten  in  these  commercial  treaties,  that 
reciprocal  and  equal  advantages  to  the  people  of  both  countries  be 
firmly  and  plainly  secured." 

Mr.  Lee  was  not  received  by  the  emperor,  the  court  of 
Vienna  positively  refusing  to  have  any  thing  to  do  with  the 
revolted  colonies.  He  appears  to  have  been  in  that  capital 
in  May  1778,  and  was  then  advised  by  the  French  minister 
"  to  wait  with  patience  till  things  wore  a  more  favourable  as- 
pect, than  they  do  at  present."  We  believe  (with  an  ex- 
ception already  mentioned)  this  is  the  only  instance  of  an 
endeavour  in  our  history  to  enter  into  any  sort  of  diplomatic 
arrangement  with  Austria.  Though  occupying  so  large  a 
portion  of  the  richest,  most  ancient  and  civilized  part  of  Eu- 
rope,— at  one  time  at  the  head  of  the  German  empire, — now 
decorated  with  the  celebrated  iron  crown  of  the  Lombards^ 
and  actually  embracing  within  her  dominions  a  greater  extent 
of  fertile  and  highly  cultivated  territory  than  any  other  Chris- 
tian state,  still,  Austria,  on  account  of  a  remarkable  absence 
of  sea  ports,  has  presented  few  inducements  to  nations, 
(whose  foreign  intercourse  is  strictly  commercial)  to  enter 
into  the  ordinary  diplomatic  courtesies.  A  single  port  or 
haven  at  the   head  of  the   Adriatic,  once  the  proudest  sea 


'I'REATlEfi     WITH     PRUSSIA. 


133 


of  the  old  world,  is  the  only  innritimo  inlet  of  any  note,  by 
which  the  vast  possessions  of  this  empire,  stretching  out  from 
the  spurs  of  the  Alps,  north,  and  cast,  and  south,  can  now 
be  approached.* 

Prussia  practised  the  same  coquetry  towards  this  country, 
she  had  experienced,  in  the  onset,  from  France,  and,  during 
the  course  of  the  revolution,  from  the  principal  states  of  Eu- 
rope. But,  owing  to  her  military  position  and  resources,  the 
warlike  and  aspiring  character  of  her  population,  and  the  un- 
common  success,  that  had  attended  her  military  enterprizes, 
Prussia  (whose  territory  had  just  been  greatly  increased  by 
the  first  and  iniquitous  partition  of  Poland),  occupied,  in  the 
commencement  of  the  war  with  the  mother  country,  high  and 
formidable  ground.  Abounding  in  those  materials  of  which 
we  then  stood  most  in  need,  the  importance  of  her  aid  and 
alliance  impressed  itself  forcibly  upon  the  attention  of  the 
continental  Congress.  This  monarchy  sprung,  to  speak  just- 
ly, from  an  intrenched  camp,  and  (to  use  an  expression  of 
the  Roman  historians,  in  describing  the  expansion  and  deve- 
lopment of  their  empire)  the  foundations  of  it  were  literally 
laid,  wherever  the  Prussian  eagles  extended.  It  partakes 
much  of  the  nature  of  a  political  phenomenon  to  behold,  in 
modern  times,  a  new  nation,  gradually  reared  into  full  life 
by  the  force  of  arms,  in  the  midst  of  an  ancient,  civilized 
continent.  This  process  has,  heretofore,  been  reserved  for 
the  various  barbarous  tribes  from  the  east  and  north,  that, 
from  time  to  time,  have  been  seen,  in  the  shape  of  Huns, 
Goths,  Vandals,  Ostrogoths,  spreading  themselves  like  a  mil- 
dew, over  the  smiling,  rose-coloured  plains  of  Europe,  just 
in  proportion  as  luxury  and  corruption  have  preceded  them. 
Held  in  the  north,  on  the  edge  of  civilization,  as  an  instru- 
ment of  retribution,   to  be  brought   forth  at  the  interval  of 

*  Arthur  Leo,  who  was  in  Vienna  the  preceding  year,  wrote,  May 
27,  1777,  to  the  Commissioners  at  Paris.  "  I  reached  this  in  tlirco 
days  from  Munich.  I  shall  not  leave  till  the  29th.  Dresden  will  be 
my  next  stage.  There  is  a  cold  tranquillity  here,  that  bodes  us  no 
good.  ♦  On  ne  peut  echauffcr  la  froideur  allemandc.'  From  what  I 
learn,  wo  need  be  under  no  apprehensions  from  Itussin."         i     "^ 


fSHIf 


134 


TRBATtBS    WITH    PRUSSIA. 


ag€8,  either  to  repress  the  amhition  of  individuals,  or  to  re- 
store the  equality  of  nations,  they  may  be  compared  to  the 
water  standing  in  a  fixed  level  above  the  rich  plains  and 
meadows  of  Lombardy  and  Holland,  which  never  fails  at  the 
first  decay  or  weakness  in  the  moles  and  dykes,  to  pour 
through  the  openings,  and  cover  with  slime  and  ruin  villa- 
ges and  vineyards,  the  cornfield  as  well  as  the  pasture. 
Though  Prussia,  towards  the  end  of  the  nineteenth  century, 
had  acquired  much  additional  territory,  and  appeared  firmly 
seated  in  her  dominion,  yet  there  was  a  period,  during  the 
last  twenty  years,  when  the  house  of  Brandenburg  was  just 
on  the  verge  of  being  compressed  within  her  original  marches 
and  scanty  possessions.  But  late  events  have  removed  those 
doubts,  and,  at  this  moment,  she  occupies  her  place  in  the 
German  empire,  as  the  undisturbed  and  dangerous  rival  of 
Austria. 

No  sooner  had  the  king,  Frederick  II.,  been  informed  of 
the  revolutionary  movements  ol  America  and  the  declaration 
of  July  '76,  than,  urged  by  that  waiehful,  searching,  sagaci- 
ous spirit,  for  which,  among  all  his  contemporaries,  he  was 
truly  conspicuous,  he  gave  directions  to  his  minister  at  Paris 
to  inquire,  with  care  and  discretion,  into  the  position  of  the 
American  agents  at  the  court  of  Versailles.  By  a  man  of 
reflection  and  of  a  penetrating  mind,  the  resistance  of  the 
colonies  could  never  have  been  viewed  as  an  ordinary  trans- 
action, though  we  are  bound  to  say,  that,  with  all  his  acute- 
ness  end  power  of  combination,  Frederick  seems  to  have 
regarded  the  Revolution  only  in  the  twofold  light  of  doing  a 
mischief  to  England,  against  whom  he  exhibited  uncommon 
antipathy,  and  affording,  perhaps,  some  slight,  casual  com- 
merce to  the  Prussian  ports  in  the  German  sea.  A  confe- 
rence, accordingly,  took  place  at  Paris  between  the  agent  of 
the  king  of  Prussia  and  Silas  Deane.  From  the  correspond- 
ence and  journals  of  that  individual,  now  remaining,  it  ap- 
pears that  the  Prussian  made  proposals  for  a  commercial 
treaty,  and  expressed  a  desire  an  American  should  be  sent 
to  Berlin.  This  was  done,  as  he  declared,  at  the  instance 
of  the  king,  who  was  desirous  of  having  a  clear  and  full  idea 


TRXATIES     WITH     PRUSSIA. 


135 


it  ap- 
nercial 
sent 
stance 
1  idea 


of  our  commerce,  and  who  had  been  drraming  (to  use  the 
expression  of  (he  Prussian  agent)  for  seviral  years  of  turn- 
ing Embden  into  another  Amsterdam.  Upon  this  invitation, 
and  at  the  request  of  Mr.  Deane,  Wiiliam  Carmichael,  at 
that  time  in  Paris,  went  to  Berlin  in  November  '76  ;  but 
not  the  least  notice  was  taken  of  him,  either  officially,  or  in 
a  private  manner.'*'     Before  the  commission  to  William  Lee 

*  We  give  in  this  note  a  few  extracts  from  a  letter  Mr.  Carmichael 
wrote  from  Amsterdam,  on  his  way  to  Berlin  : 

"  Amsterdam,  November  1776. 
"  To  the  Committee  of  Correspondence. 

"  Gentlemen, — Here  I  have  endeavoured  to  engage  merchants  to 
speculate  in  a  direct  commerce  to  America,  to  find  out  the  sentiments 
of  the  people  in  general  respecting  us,  to  know  whether  in  case  of  ne» 
cessity,  the  United  States  would  be  able  to  negotiate  a  loan,  whether 
England  would  be  able  to  obtain  further  credit,  and  by  this  barometer 
of  the  ability  of  princes,  to  discover  their  present  situation.  On  these 
heads  I  have  written  Mr.  Deane, — but  having  an  opportunity,  by  the 
way  of  St.  Eustatia,  and  thinking  none  should  be  neglected  of  giving 
information,  though  mine  perhaps  may  not  be  of  importance  enough  to 
merit  that  title,  I  have  taken  the  liberty  of  addressing  the  honourable 
Committee.  Arriving  but  two  days  afler  the  accounts  had  reachei} 
this  city  of  our  misfortune  on  Long  Island,  I  found  many,  even  of  the 
sanguine  friends  of  America,  defected,  and  those  of  England  almost 
in  a  frenzy  of  joy.  In  this  disposition,  it  is  easy  to  judge,  no  hopes 
could  be  entertained  of  engaging  uierchants  in  a  direct  trade.  I  fintj 
they  have  the  greatest  inclinations  to  serve  us,  and  at  the  same  time 
themselves,  for  no  people  see  their  interest  clearer  ;  but  their  fearsj 
that  we  shall  be  subdued,  the  confident  assertions  of  the  friends  of 
England,  confirming  these  apprehensions,  the  prodigious  sums  they 
have  in  the  English  funds,  with  this  unlucky  business  at  New-York, 
all  conspire  to  prevent  direct  speculation.  As  my  letters  from  Paris 
introduced  me  to  the  first  houses  here,  I  have  had  the  best  opportuni- 
ty of  knowing  their  sentiments,  and  I  can  venture  to  say,  that  with 
many  who  are  apparently  adverse  to  us,  'tis  interest  combatting  with 
principle, — for,  insulted,  searched  and  plundered  as  the  Dutch  were 
the  last  war,  and  are  at  present,  their  individuals  by  no  means  want 
sensibility  to  feel,  though  the  public  wants  spirit  to  resent  the  injury. 

"  I  hope  it  will  not  be  long  before  all  Europe  will  own  us  in  another 
cViaracter.  It  is  very  certain  that,  without  a  very  material  and  ap[)a- 
rent  success  of  the  British  arms  in  America,  a  loan  would  be  very 


136 


TREATIES    WITH    PRUSSIA. 


i! 


for  Austria  and  Prussia  arrived  in  Europe,  Arthur  Lee,  one 
of  the  most  faithful,  zealous  and  industrious  of  our  foreign 
agents,   had  been   induced,  by  the  representations  made  at 

slowly  negotiated  for  England  here.  There  is  nothing  hinders  them 
now  from  selling  out  of  the  English  funds,  hut  their  not  knowing 
what  to  do  with  their  money  ; — for  this  country  may  he  called  the 
treasury  of  Europe,  and  its  stock  of  specie  is  more  or  less,  according 
to  the  necessities  of  the  different  princes  in  Europe  :  It  being  a  time 
of  peace,  the  call  has  not  been  very  great  of  late.  Having  mentioned 
the  credit  of  England,  that  of  France  is  next  to  be  considered  ;  and,  I 
am  sorry  to  say,  that  has  been  very  low  here  of  late,  the  dreadful  mis- 
management of  the  finances  in  the  late  king's  reign.  The  character 
of  the  late  comptroller  general,  M.  de  Olugny,  had  reduced  it  so  low, 
that  it  was  impossible  to  borrow  any  thing  considerable  on  perpetual 
funds.  By  life  rents,  something  might  be  done.  Perhaps  a  minister 
of  Finance,  in  whose  probity  the  world  have  a  confidence,  may  restore 
their  credit.  At  this  moment  that  is  in  some  measure  the  case,  for 
the  French  stocks  rise  on  the  appointment  of  M.  Taboreau.  That  it 
is  possible  for  France  to  borrow,  may  be  demonstrated,  for  at  the 
time  M.  Turgot  was  removed,  he  was  negotiating  a  loan  here,  and 
was  likely  to  succeed,  for  sixty  millions  of  guilders. 

"  The  credit  of  Spain  is  extremely  good,  and  that  kingdom  may 
have  what  money  it  will,  and  on  the  best  terms.  The  emperor's  credit 
js  also  good,— not  as  emperor,  but  from  his  hereditary  dominions. 
Sweden  and  Denmark  both  have  good  credit.  The  former  the  best ; 
|hey  have  money  at  four  per  cent.,  and  it  is  not  long  since  the  king  of 
Sweden  borrowed  three  millions  of  guilders  at  this  interest,  to  pay  off 
old  debts  at  five  per  cent. ;  his  interest  is  paid  punctually.  Prussit^ 
has  no  credit  here  ;  but  his  treasury  is  full,  by  squeezing  the  last  farth- 
ing from  his  people, — and  now  and  then  he  draws  a  little  money  from 
this  republic,  by  reviving  obsolete  claims.  The  credit  of  the  empress 
pf  Russia  is  very  good,  for  she  has  punctually  paid  the  interest  of 
twelve  millions  of  guilders,  which  she  borrowed  in  her  war  with  the 
Turk,  and  has  lately  paid  off  one  million  and  a  half  of  the  principal  ; 
these  are  the  strongest  circumstances  she  could  have  in  her  favour, 
with  a  mercantile  people.  I  have  this  state  of  credit  from  persons 
employed  in  negotiating  the  several  loans,  and  therefore  can  depend 
on  the  truth  of  the  information.— To  come  next  to  America:  should 
fime  and  necessity  oblige  her  to  look  abroad  for  money.  In  the  pre- 
sent state  of  affairs,  it  is  not  probable  that  a  loan  is  practicable.  But 
should  success  attend  our  arms,  that  is,  should  it  appear  evident  that 


TREATIES    WITH     PRUSSIA. 


137 


ders  them 


called  the 


Paris,  to  undertake  a  journey  in  the  month  of  June  '77,  to 
Berlin.     We  observe  that  he   was  accompanied   by  a  Mr. 

we  are  like  to  support  our  independency,  or  should  cither  Frnnce  or 
Spain  acknowledge  our  independence,  in  either  of  these  cases  I  be- 
lieve we  might  have  money  ;  ond  when  it  was  seen  that  we  were 
punctual  in  our  first  payments  of  the  interest,  we  should  have  as  much 
as  we  pleased. 

"  The  price  of  our  product  is  great :  rice  sells  for  25s.  sterling  per 
cwt.,  and  tobacco  for  8  stivers  and  4d.  per  pound.  You  have  been 
threatened  that  the  Ukraine  would  supply  Europe  with  tobacco.  I:^ 
must  be  long  before  that  can  arrive.  I  have  seen  some  of  its  tobacco 
here,  and  the  best  of  it  is  worse  than  the  worst  of  our  ground  leaf. 
400,000  pounds  have  been  sent  here  this  year.  The  Russian  ambassa- 
dor said  at  the  Baron  le  Guerres,  ambassador  from  Sweden,  where  I 
had  the  honour  to  dine,  that  Russia  soon  would  be  able  to  supply  the 
market  with  that  article.  In  this  he  spoke  more  like  an  ambassador 
than  a  merchant.  I  took  occasion  in  reply  to  observe,  that  if  that  was 
the  case,  and  on  many  other  accounts,  it  was  the  interest  of  his  mis- 
tress that  all  intercourse  between  Great  Britain  and  America  should 
be  broke  off,  for  that  then  the  former  would  be  dependent  on  Russia 
for  all  these  articles,  which  hitherto  the  latter  iiad  supplied  her  with. 
Having  expressed  a  desire  of  knowing  these  reasons  at  large,  with  the 

assistance  of  Mens.  D s,  and  the  approbation  of  Mr.  D.,  I  purpose 

giving  in  a  little  memoir  on  the  subject,  which,  the  ambassador 
assures  me,.shall  be  sent  to  Petersburg.  Not  being  so  sanguine  as  to 
think  that  it  will  prevent  Russia  from  supplying  Eugland  with  troops, 
should  the  other  demand  them,  but  it  may  give  a  secret  dilatoriness 
to  their  assistance,  which  may  finally  operate  in  our  favour. 

"  I  need  not  mention  to  you  any  thing  respecting  what  is  like  to 
take  place  in  Europe  another  year ;  for  of  that  ere  this  you,  I  hope, 
have  information.  I  will  only  say,  that  the  greater  part  contemplate 
with  pleasure  the  gloomy  prospect  for  England ;  there  is  not  an  envoy 
of  the  most  petty  state  in  Italy  but  exults  at  it.  The  want  of  intelli- 
gence from  America  hurts  the  cause  prodigiously  in  Europe,  and  the 
anxiety  of  those,  who  have  its  interest  at  heart,  is  from  that  circum- 
stance inconceivable.  I  hope  I  need  not  assurances  to  convince  the 
honourable  Congress  of  the  zeal  with  which  I  wish  to  serve  them  ;  to 
be  directed  by  that  honourable  body  in  what  manner  to  do  it  most  ef- 
fectually will  be  the  happiest  circumstance  of  my  life. 

"  I  have  the  honour  to  be,  &c. 

"  WILLIAM   CARMICHAEL." 


'rSSII^ 


VOL.    I. 


18 


,11* 


138 


TREATIES    WITH     PRUSSIA. 


''  I 


Sayre,  who  had  been  sheriff  of  the  city  of  London,  an 
American,  we  believe,  by  birth,  and  who,  after  the  peace, 
settled  in  the  state  of  Pennsylvania,  where  he  died.  Hav- 
ing given  notice  of  his  arrival  to  M.  de  Schulenbourg,  the 
Prussian  minister,  he  received  from  him,  on  the  9th  of  the 
month,  the  following  letter.  *«  I  lose  no  time  in  assuring 
you,  as  I  did  in  the  letter  addressed  to  you  at  Paris,  that 
your  residence  at  Berlin  will  not  be,  at  all,  disagreeable  to 
the  king,  provided  you  live  there  as  an  individual,  and  with- 
out assuming  a  public  character.  As  to  the  information  you 
give  me  respecting  commerce,  you  will  please  to  add  a  me- 
morandum of  the  places,  where  assurances  are  to  be  effected 
on  vessels  destined  for  America,  and  the  premiums  to  be 
paid.  I  will  then  examine  your  propositions,  and  shall  soon 
be  able  to  inform  you,  whether  we  conceive  it  practicable  to 
make  an  experiment  of  the  kind  with  success."  This  letter 
fully  explains  the  object  the  Prussian  government  had  in 
view  in  inviting  Mr.  Lee  to  Berlin.  Another  letter  was 
addressed,  on  the  26th  June,  to  the  American  agent  by  the 
same  individual.  "  His  Majesty  cannot,  in  the  present  in- 
stance, embroil  himself  with  the  court  of  London.  More- 
over, our  ports  have  hitherto  only  received  merchantmen. 
It  will  be  necessary  for  us  to  inform  ourselves,  how  France 
and  Spain  conduct  themselves,  and  what  formality  they  have 
observed  towards  your  privateers,  consistent  with  the  friend- 
ship they  owe  to  Great  Britain.  The  result  of  this  informa- 
tion will  decide,  whether  and  upon  what  terms  the  desired 
permission  can  be  granted."  This  letter  applied  to  a  re- 
quest of  Lee's,  that  the  Prussian  ports  might  be  opened  for 
the  sale  of  American  prizes. 

Thiebault,  in  his  memoirs  of  the  court  of  Berlin,  mentions 
the  singular  fact  of  two  Americans  having  had  their  private 
papers  stolen  from  their  hotel  at  Berlin.  Those  individuals 
were  Mr.  Lee  and  his  companion.  An  account  of  this  busi- 
ness is  given  in  a  letter  of  the  former  gentleman  from  Paris: 

"  While  I  W513  at  dinner  one  day,  some  persons  contrived  to  get 
into  my  chamber,  which  was  locked,  and  broke  open  my  desk,  from 
whence  they  took  all  my  papers.     I  soon  discovered  the  robbery. 


TREATIES     WITH     PRUSSIA. 


139 


nnd,  alarming  the  police,  the  English  envoy,  who  happened  to  be 
in  the  hotel,  \vhen  the  nlarm  was  given,  immediately  went  home, 
and  in  a  few  minutes  the  papers  were  returned,  apparently  un- 
opened. The  envoy  went  to  the  king  the  next  day,  but  was  not 
admitted.  It  appeared  on  examination,  that  his  servant  had  offer- 
ed a  large  sum  to  the  servants  of  the  house,  if  they  would  steal  my 
papers.  But  iis  I  never  went  out  of  my  room  upon  the  most  tri- 
fling occasion  without  locking  them  up,  they  had  recourse  to  vio- 
lence. The  resentment  of  every  one  at  so  outrageous  an  act  was 
soon  lost  in  the  contempt  of  the  envoi's  folly  in  returning,  what 
he  had  incurred  so  much  risk  in  acquiring.  The  minister  of  state 
informed  me  they  would  do  nothing  more  than  insist  on  his  recall, 
which,  considering  the  unfavourable  light  in  which  he  stood,  he 
would  probably  do  himself 

In  reality,  no  notice  whatever  was  taken  of  this  affair, 
either  by  the  police,  (to  whom  it  properly  belonged,  Mr.  Lee 
not  being  an  official  person )  or  by  the  minister  of  state,  for 
Mr.  Elliot  remained  many  months,  after  the  transaction,  at 
Berlin,  where,  notwithstanding  the  king's  dislike  of  his  na- 
tion, he  appears  to  have  been  a  favourite.'**' 

*  The  reader  will  find  a  confirmation  of  this  account,  in  regard  to 
Mr.  Elliot,  in  Mr.  Adams'  Letters  from  Silesia,  when  minister  at  the 
court  of  Berlin,  pp.  256,  257,  258. 

"  Mr.  E is  in  person,  and  at  times  in  manners,  one  of  the  most 

accomplished  gentlemen  I  ever  knew.  He  was  extremely  civil  to  us 
last  autumn,  though  I  had  occasion  afterwards  to  know  that  his  civili- 
ties did  not  then  proceed  from  any  cordial  kindness  towards  us  ;  but 
that,  as  Americans,  he  saw  us  at  first  with  embarrassment  and  dislike. 
These  sentiments,  in  the  course  of  our  intercourse  with  him  at  that 
time,  I  believe  gradually  wore  away  ;  and  as  they  had  probably  pro- 
ceeded from  the  supposition  that  his  name  was  odious  to  Americans, 
owing  to  the  transaction  at  Berlin,  relative  to  Mr.  Lee's  papers,  during 
the  American  war,  I  found  him  now  designedly  and  repeatedly  recur- 
ring to  that  subject  in  his  conversation.  After  observing  that  it  was 
now  a  circumstance  that  might  with  full  freedom  be  talked  of  as  a 
mere  historical  occurrence,  he  solemnly  declared  that  the  seizure  of 
Mr.  Lee's  papers  was  not  made  by  his  orders ;  that  it  was  entirely  the 
act  of  an  ofiiuious  servant,  who  thought  to  do  him  a  service  by  it ; 
that  when  the  papers  were  brought  to  him  he  did  look  over  them  in- 
deed, and  found  among  them  only  two  of  any  consequence ;  one,  the 


140 


TREATIES     WITH     PKUMMIA. 


When  Mr.  Lee  first  arrived  in  Berlin,  the  king  was  absent 
on  a  review  of  troops  ; — but  on  bis  return,  he  addressed  to 
the  American  agent  the  following  remarkable  letter. 

"Potsdam,  July  2,  1777. 
"  The  king,  having  received  Mr.  Lee's  letter,  dated  Berlin,  July 
1,  and  his  complaint  of  the  robbery,  that  has  been  committed,  is 
pleased  to  return  him  the  answer,  that  his  Majesty  has  just  order- 
ed his  Minister  of  Slate  to  hear  what  he  has  further  to  say  on  the 
subject.  That  for  this  purpc^e,  Mr.  Lee  may  communicate  to  the 
said  minister,  without  reserve,  every  thing  he  may  wish  to  inform 
his  Majesty  of; — who  assures  him  by  the  present  letter,  that  an  in- 
violable secrecy  shall  be  observed  respecting  the  overture,  he  may 
think  proper  to  make  through  this  channel." 

This  letter,  though  written  in  the  king's  own  hand,  is  en- 
couraging no  further,  than  as  manifesting  a  desire  to  enter 
into  a  direct,  confidential  intercourse  with  the  American 
agent.  It  conclusively  reserves  the  right  of  adopting  such 
definitive  arrangements,  as  circumstances,  or  the  information 
procured,  may  prescribe.  But  the  letter  merits  to  be  pre- 
served for  the  single  consideration  of  being  written  in  the 
year  '77  by  the  great  Frederick,  in  a  confidential  manner, 
to  an  authorized  commissioner  of  this  country. 

The  presence  of  Mr.  Lee  at  Berlin  was  well  known  to 
Mr.  Elliot,  the  English  minister  at  that  court,  and,  whether 
the  temporary  loss  of  Mr.  Lee's  papers  was  in  any  manner 
beneficial  to  Mr.  Elliot,  the  object  of  this  gentleman's  mis- 
sion (to  purchase  arms  and  obtain  other  assistance)  could 
not  have  been  concealed  from  him.  It  was  not  only  matter 
of  general  and  public  conversation  at  Berlin,  but  a  contem- 
porary writer,  residing  then  in  that  capital,  informs  us,  that 
the  British  minister   became  immediately  intimate  with  the 

draught  of  an  unfiniiiiicd  treaty  with  Spain,  and  the  other  a  letter  from 
Frederick  the  Second,  or  one  of  his  ministers,  promising  that  if  any 
great  power  in  Europe  would  set  the  example  of  acknowledging  the 
independence  of  the  United  States,  he  would  be  the  first  to  follow  it. 
I  am  inclined  to  believe  that  this  account  is  true,  and  I  was  pleased 
to  see  the  anxiety,  with  which  Mr.  E.  wished  to  remove  the  imputa- 
tion of  having  premeditated  that  act  of  violence." 


TRKATIES     WITH     PRUSSIA. 


141 


American  agent,  and  treating  him  as  a  countryman,  insisted 
upon  his  heing  iiululgcd  ^vith  the  constant  pleasure  of  his  so- 
ciety, it  was  during  one  of  these  hours,  when  Mr.  Lee  was 
adbrding  Mr.  Elliot  the  benefit  of  his  company,  that  his  port- 
folio was  removed  from  his  lodgings,  and  it  then  contained, 
at  least,  two  of  the  letters  of  the  Prussian  minister.  At  a 
public  audience  at  this  period,  the  king  said  to  the  English 
minister,  "  Well,  sir,  you  are  at  war  with  your  colonies." 
"  Yes,  sire,  but  we  hope  soon  to  make  up."  "  I  hope  so  too, 
but  war  is  a  terrible  process  for  bringing  about  a  reconcilia- 
tion. I  have  had,  sir,  so  much  to  do  with  war,  that  upon 
that  subject  1  may  be  allowed  to  have  settled  opinions.  It  is 
truly  frightful  to  be  obliged  to  carry  on  a  war,  even,  at 
home,  an  army  has  so  many  wants,  for  which  it  is  so  diffi- 
cult to  provide  in  season.  But  if  your  army  is  at  the  other 
side  of  the  globe,  believe  an  old  practitioner,  when  he  says 
it,  that  to  provide  these  troops  with  every  thing  they  may 
want,  is  the  masterpiece  of  human  prudence." — Mr.  Elliot 
received  these  remarks  with  entire  coolness,  probably  per? 
ceiving,  that  some  part  of  the  counsel  was  dictated  by  feelr 
ings  not  of  the  most  flattering  kind  to  his  own  country.  He, 
besides,  appears  to  have  been  a  man  of  talents  and  liveliness 
of  mind,  and  to  the  various  remarks  of  condolence  and  sym- 
pathy, made  to  him  by  foreign  ministers  on  the  issue  of  the 
contest,  after  France  had  joined  the  colonies,  he  replied, — r 
"  The  worst  that  can  happen  is,  that  instead  of  being  tho 
first  people  in  the  world,  we  shall  then  be  the  second." 

The  last  extract  it  is  important  to  recite,  will  show,  in  a 
single  word,  the  reason  for  which  Prussia  refused  Mr.  Lee's 
propositions.  It  is  from  a  letter  of  M.  de  Schulenbourg  of 
August  8,  1777.  "Prussia  can  do  nothing,  because  France 
has  done  nothing.  We  must  wait  for  more  favourable  cir- 
cumstances to  establish  a  commercial  convention."  But  the 
Prussian  government  followed  with  a  watchful  eye  the  course 
of  the  Revolution,  and,  in  that  respect,  seems  to  have  shown 
a  penetration  and  foresight,  it  had  the  honour  of  sharing  with 
a  single  government  in  Europe.  In  November  '77,  M.  de 
Schulenbourg  wrote  to  Mr.  Lee  in   Paris,  soliciting  precise 


W 


142 


TREATIES     WITH     PRUSSIA. 


information  concerning  the  reported  capture  of  Burgoyne  ; 
and,  on  the  16th  of  January  of  the  following  year,  he  ad- 
dressed him  a  letter  of  a  more  formal  description. 

"  His  Majesty  hopes,  that  your  generous  efforts  may  be  followed 
with  entire  success,  and  as  I  have  already  apprised  you,  he  will 
not  hesitiite  to  acknowledge  your  independence,  whenever  France, 
more  directly  interested  in  the  event,  shall  give  the  example.  His 
Majesty  would  have  no  difficulty  in  receiving  your  vessels  into  his 
ports,  if  he  was  not  entirely  destitute  of  the  means  of  avenging  any 
insults,  that  might  be  oiTered  them  within  his  jurisdiction.  £mb- 
den,  though  a  safe  and  excellent  harbour,  is  not  provided  with  for< 
tifications.  He  is,  therefore,  unwilling  to  expose  himself  to  this 
indignity.  As  to  the  muskets  and  other  arms  of  our  manufacture, 
you  are  at  liberty  to  purchase  or  command  them,  and  the  bankers, 
Spelbergers,  have  received  orders  to  deliver  such  as  you  may  re- 
quire.    I  enclose  a  memorandum  of  the  prices  paid  by  the  king." 

The  treaty  of  alliance  with  France  was  not  known  till 
two  months  after  the  date  of  this  letter,  but  the  king  of 
Prussia,  embarrassed  by  the  state  of  Germany,  and  menaced 
by  the  English  navy,  never  redeemed  a  pledge,  thus  formal- 
ly given.  Still,  he  was  favourably  disposed,  and  took  every 
opportunity  to  maintain  an  intercourse,  and  to  secure  for  him- 
self, without  a  direct  engagement,  some  share  of  the  com- 
mercial benefits,  that  might  result  from  the  future  emancipa- 
tion of  the  colonies.  In  February  1779,  M.  de  Schulen- 
bourg  again  wrote  to  Mr.  Lee ;  and  it  is  the  last  extract  we 
shall  make.  "  The  merchants  of  North  America,  who  should 
come,  with  their  merchant  vessels,  into  the  ports  of  his  Ma- 
jesty to  trade  there,  in  merchandise  not  prohibited,  should 
have  full  liberty,  and  should  be  received,  in  every  respect, 
as  the  merchants  of  other  countries." — It  is  not  necessary  to 
go  into  the  nice  discussion,  how  far  such  offers  are  violations 
of  neutrality.  There  is  no  doubt  a  precise  rule  on  the  sub- 
ject in  the  laws  of  nations,  but  we  learn  from  a  brief  experi- 
ence, that  the  just  application  of  the  principle  mainly  de- 
pends on  the  direction,  that  the  contest,  between  colony  and 
parent  state,  '.^ay  take. 

It  was  said  at  the  time,  that  Frederick  compelled  the  re- 


1     'L-. 

i       I 


TREATIES   WITH    PRUSSIA. 


143 


cruits  of  Hesse  Cassel,  who  had  been  bought  to  carry  on  the 
war  in  America,  (and  who  had  occasion  to  pass  through  his 
dominions,  in  order  to  reach  their  places  of  embarkation,) 
to  pay  the  same  toll  or  duty  per  head,  as  was  exacted  from 
cattle.  The  king  may  have  considered  this  an  ingenious 
piece  of  pleasantry,  or  have  adopted  this  mode  of  express- 
ing his  abhorrence  and  disgust  at  the  practice  of  selling  chris- 
tian men.  Nations,  in  alliance  with  others  in  times  of  war, 
often  transfer  their  troops,  and,  in  coalitions,  nothing  is  more 
common  than  for  one  party  to  furnish  the  subsidy,  and  the 
other  the  army.  In  all  ages,  men  have,  as  individuals,  en- 
tered into  foreign  service  ;  but,  we  believe,  that  the  conven- 
tions, made  in  the  year  '76  with  the  states  of  Brunswick 
and  Hesse  Cassel,  and  county  of  Hanau,  present  the  first 
instances  in  history,  where  governments,  for  the  purpose  of 
enriching  their  treasuries,  have  condemned  their  subjects  to 
fight,  not  only  in  a  foreign  cause,  but  against  a  country,  with 
whom  their  own  was  at  peace.  Some  Prussian  officers, 
however,  entered  into  the  American  service,  and  made 
themselveii  very  useful,  (one  in  particular  will  always  be 
gratefully   remembered)    but   they  were    not  sent    by   the 


government 


nor  are  we  aware,  that  Frederick  took  an  ac- 


tive  part     n    the  revolution,  notwithstanding  the   intimation 
that  has  been  given  in  regard  to  prince  Henry. 

Peace  having  been  concluded  with  Great  Britain,  the  in- 
dependence of  the  United  States  acknowledged,  and  the 
American  commissioners  at  the  court  of  Versailles  having 
received  general  instructions  to  conclude  treaties  with  the 
powers  of  the  continent,  a  treaty  was  made  at  the  Hague 
in  September  '85,  with  Prussia.*     It  was  negotiated  on  the 

*  Having  already  given  nnmcrous  extracts  from  other  treaties,  we 
shall  in  this  place  only  select  the  provisions  of  this  treaty  that  are  pe- 
culiar, remarking  that  it  contains  the  stipulation  respecting  freedom  of 
conscience,  already  cited  in  the  treaty  with  the  Netherlands,  and 
all  other  arrangements  of  the  most  favourable  kind  concerning  com- 
merce. 

"  Art.  2.  The  subjects  of  Prussia  may  frequent  the  coasts  and 
countries  of  the  United  States,  may  reside  and  trade  there ;  and  allow- 


n 


144 


TREATIES    WITH    PRUSSIA. 


part  of  America  by  Messrs.  Franklin,  Jefferson  and  Adams, 
and  on  the  part  of  Prussia  by  M.  de  Thulemeyer.  This  in- 
strument, ratified  the  next  year  by  Congress,  was  the  last 
public  uct  of  Dr.  Franklin  in  Europe. 


'i  I 


od  to  onjoy  all  tho  rights  and  privileges  of  commerce  granted  to  the 
moat  favoured  nations. 

"..»RT.  3.  American  citi/cns  moy  freely  trade  to  tho  Prussian  do- 
minions ;  may  reside  tliere  ;  and  arc  entitled  to  all  tlio  privileges  of 
commerce  and  navigation  granted  to  the  most  favoured  nations. 

"Art.  4.  More  especially  each  party  shall  have  a  right  to  carry 
their  own  produce,  manufactures,  and  merchandise,  in  their  own  or 
any  other  vessels,  to  any  parts  of  tho  dominions  of  the  other,  where 
it  shall  be  lawful  fur  all  tho  subjects  or  citizens  of  that  other  freely  to 
purchase  them  ;  and  thence  to  take  the  produce,  manufactures,  and 
merchandise  of  the  other,  which  all  the  suid  citizens  or  subjects  shall 
in  like  manner  be  free  to  sell  them,  paying  in  both  cases  such  duties, 
charges,  and  fees  only,  as  are  or  shall  be  paid  by  the  most  favoured 
nation.  Nevertheless,  the  king  of  Prussia  and  the  United  States,  and 
each  of  them,  reserve  to  themselves  the  right,  where  any  nation  re- 
strains the  transportation  of  merchandise  to  the  vessels  of  the  coun- 
try of  which  it  is  the  growth  or  manufacture,  to  establish  against  such 
nation  retaliating  regulations  ;  and  also  the  right  to  prohibit,  in  their 
respective  countries,  the  importation  and  exportation  of  all  merchan- 
dise whatsoever,  when  reasons  of  state  shall  require  it.  In  this  case, 
the  subjects  or  citizens  of  either  of  tho  contracting  parties,  shall  not 
import  nor  export  the  merchandise  prohibited  by  the  other;  but  if  one 
of  the  contracting  parties  permits  any  other  nation  to  import  or  export 
the  same  merchandise,  the  citizens  or  subjects  of  the  other  shall  im- 
mediately enjoy  the  same  liberty. 

*'  Art.  5.  The  loading  or  unloading  of  vessels  of  each  party,  not  to 
be  constrained  or  impeded,  in  the  ports  of  the  other. 

"Art.  6.  All  lawful  examination  of  goods  for  exportation,  to  be 
made  before  they  are  put  on  board  ;  and  no  search  of  vessels  at  any 
time,  except  in  case  of  fraud. 

"  Art.  7.  Each  party  to  endeavour  to  protect  the  vessels  and  effects 
of  the  other,  within  their  respective  jurisdictions,  by  sea  or  land,  &c. 

"  Art.  8.  Vessels  of  either  party,  coming  on  the  coasts  or  entering 
the  ports  of  the  other,  and  not  willing  to  break  bulk,  to  be  allowed 
freely  to  depart,  &c. 

"  Art.  9.  The  ancient  and  barbarous  right  to  wrecks,  abolished 
between  the  parties. 


TREATIES   WITH    PRU8IIA. 


145 


This  treaty,  which  has  been  called  a  beautiful  abstraction, 
is  remarkable  for  the  provisions  it  contains,  though  it  does 
not  appear  that  they  have  been  attended  with  any  good  con- 

"Art.  10.  And  where,  on  the  death  of  nny  |ierson  holding  real 
estate  within  the  territurics  of  the  one  porty,  such  real  estate  would, 
liy  the  laws  of  tlie  land,  descend  on  a  citizen  or  subject  of  the  otlior, 
were  he  not  dis(|iiali(ied  by  alienage,  such  subject  t*liall  be  allowed  a 
rcasnnal)lo  time  tu  sell  the  same,  and  to  withdraw  the  proceeds  with- 
out tnolestatiun,  and  exempt  from  all  rights  of  detraction  on  the  part 
of  the  government  of  the  respective  states.  But  this  orticle  shall  not 
derogate  in  any  manner  from  the  force  of  the  laws  already  published, 
or  hereafter  to  be  published  by  his  majesty  the  king  of  Prussia,  to 
prevent  the  emigration  of  his  subjects. 

'*  Art.  11.  Liberty  of  conscience  secured  ;  but  no  insult  to  be  ofTer- 
ed  to  religion.  " 

"  Art.  12.  Free  trade  allowed  with  an  enemy.  Free  ships  to  make 
free  goods.  Free  ships  to  protect  persons,  except  soldiers  in  the  actual 
service  of  an  enemy. 

"  Art.  13.  And  in  the  same  case  of  one  of  the  contracting  parties 
being  engaged  in  war  with  any  other  power,  to  prevent  all  the  diffi- 
culties and  misunderstandings  that  usually  arise  respecting  the  nier- 
chondise  heretofore  called  contraband,  such  as  arms,  ammunition,  and 
military  stores  of  every  kind,  no  such  articles  carried  in  the  vessels,  or 
by  the  subjects  or  citizens  of  one  of  the  parties  to  the  enemies  of  the 
other,  shall  be  deemed  contraband,  so  as  to  induce  confiscation  or 
condemnation,  and  a  loss  of  property  to  individuals.     Nevertheless, 
it  shall  be  lawful  to  stop  such  vessels  and  articles,  and  to  detain  them 
for  such  length  of  time  as  the  captors  may  think  necessary  to  prevent 
the  inconvenience  or  damage  that  might  ensue  from  their  proceeding  ; 
paying,  however,  a  reasonable  compensation  for  the  loss  such  arrest 
shall  occasion  to  the  proprietors :  and  it  shall  further  be  allowed  to 
use  in  the  service  of  the  captors,  the  whole  or  any  part  of  the  military 
stores  so  detained,  paying  the  owners  the  full  value  of  the  same,  to  be 
ascertained  by  the  current  price  at  the  place  of  its  destination.     But 
in  the  case  supposed,  of  a  vessel  stopped  for  articles  heretofore  deem- 
ed contraband,  if  the  master  of  the  vessel  stopped  will  deliver  out  the 
goods  supposed  to  be  of  contraband  nature,  he  shall  be  admitted  to 
do  it,  and  the  vessel  shall  not,  in  that  case,  be  carried  into  any  port, 
nor  further  detained,  but  shall  be  allowed  to  proceed  on  her  voyage. 
*'  Art.  14.  One  of  the  parties  being  at  war,  and  the  other  at  peace, 

VOL.    I.  .  19 


146 


TREATIES    WITH    PRUSSIA. 


sequences  to  (he  parties,  or  have  been  of  practical  utility  to 
the  world.  Blockades  of  everj  description  were  abolished, 
—the  flag  covered  the  property, — contrabands  were  exeinpt- 

the  neutral  party  to  bo  fiirnisliod  with  sea  letters  or  passports,  which 
arc  to  ho  exhibited  as  well  at  sou  ns  in  port. 

*'  Art.  15.  Vessels  of  war  of  either  party,  vraitiiig  tho  merchant 
vessels  of  tlio  other,  not  to  approach  within  cannon  shot,  nor  semi 
more  than  two  or  three  men  on  board,  to  examine  the  8hi|i's  papers. 

"  Art.  10.  It  is  agreed,  that  tho  subjects  or  citizens  oi'  each  of  tho 
contracting  parties,  their  vessels,  and  ellucts,  shall  not  be  liable  to  any 
embargo,  or  detention  on  the  part  of  the  other,  for  any  military  expe- 
(lition,  or  other  public  or  private  purpose  whatsoever.  And  in  all 
cases  of  so'zure,  detention,  or  arrest,  for  debts  contracted,  or  offences 
committed  by  any  citizen  or  subject  of  the  one  party,  within  the  juris- 
diction of  tho  other,  tho  samn  shall  be  made  and  prosecuted  by  order 
and  authority  of  law  only,  and  according  to  the  regular  course  of  pro- 
ceedings usual  in  such  cases. 

"  Art.  17.  Vessels,  Sec.  of  either  party,  taken  by  an  enemy  or  a 
pirate,  and  recaptured  by  the  other,  to  be  restored  on  proof. 

"Art.  18.  Vessels  of  either  party,  driven  by  stress  of  weather,  &.c. 
into  the  ports  of  the  other,  to  bo  protected,  and  the  persons  on  board 
treated  with  humanity,  &e. 

"  Art.  19.  Vessels  of  war  of  each  party  may  freely  enter  and  do- 
part  from  the  ports  of  "the  other  with  their  prizes.  , 

"  Art.  2U.  Citizens  of  one  party  not  to  take  commissions,  or  letters 
of  marc|,ue,  from  a  third  power,  to  act  against  the  other.  Neither  par- 
ty to  furnish  military  or  naval  succor  to  a  third  power,  to  aid  it  against 
the  other.  ....  i      ...;.,. 

"  Art.  21.  Regulations  to  be  observed  in  case  of  war  against  a  com- 
mon enemy.  Vessels  of  one  party,  recaptured  from  on  enemy  of  the 
other,  by  a  private  armed  vessel,  within  twenty-four  hours  after  being 
taken,  to  be  restored  on  payment  of  one-third  value  of  the  v.csscl  and 
cargo  ;  if  after  twenty-four  hours,  wholly  a'prize.  In  cose  the  recap- 
ture should  be  by  a  public  vessel  of  cither  party,  within  twenty-four 
hours  after  the  taking,  restoration  to  be  made  on  payment  of  one- 
thirtieth,  and  if  longer,  one-tenth  of  the  value  of  vessel  and  cargo. 
Proof  and  surety  required  before  restitution.  The  legality  of  prizes 
to  be  determined  according  to  the  laws  of  each  party,  respectively. 

"Art.  32.  In  case  of  a  common  enemy,  or  both  being  neutral,  tho 
vessels  of  war  of  each  party  to  aflford  convoy. 

"Art.  23.  If  war  should  arise  between  the  two  contracting  par- 


TIIKATIKS    WfTn    PRUMIA. 


Hi 


par- 


ed from  confiscation,  though  they  might  bo  employed  for  (he 
use  of  the  captor,  on  payment  of  their  full  value.  This,  wc 
believe,  is  the  only  treaty  ever  made  by  America,  in  which 

tiH8,  tlio  merchatitt  of  cither  country,  then  residing  in  the  other,  shall 
be  allowed  to  remuiii  nine  months  to  collect  their  debts  and  settle  their 
afltiir?,  uiid  iimy  depart  frucly,  currying  off  all  their  ofiects,  without 
molestation  or  hindrance  :  nnd  nil  women  and  children,  scholars  of 
every  fuculty,  cultivators  of  the  corth,  nrtiznns,  manufacturers,  and 
fiHlicrmcn,  unarmed  uuil  iulinbiting  unfortified  towns,  villages,  or  pla- 
ces, ond  in  general  ail  others  whose  occupations  are  for  the  common 
subsistence  and  benefit  of  mankind,  shall  be  allowed  to  continue  their 
respective  employments,  and  shall  not  be  molested  in  their  persons, 
nor  shall  their  houses  or  goods  be  Inirnt,  or  otherwise  destroyed,  nor 
their  fields  wasted  by  the  armed  force  of  the  enemy,  into  whose  power, 
by  the  events  of  war,  they  may  happen  to  fall ;  but  if  any  thing  is 
necessary  to  bo  taken  from  them  for  the  use  of  such  armed  force,  the 
same  shall  be  paid  for  at  a  reasonable  price.  And  all  merchant  and 
trading  vessels  employed  in  exchanging  the  products  of  different  pla- 
ces, and  thereby  rendering  the  necessaries,  conveniences,  and  com- 
forts of  human  life  more  easy  to  be  obtained,  and  more  genera),  shall 
be  allowed  to  pass  free  and  unmolested ;  and  neither  of  the  contract- 
ing powers  shall  grant  or  issue  any  commission  to  any  private  armed 
vessels,  empowering  them  to  take  or  destroy  such  trading  vessels  or 
interrupt  such  commerce. 

"  Art.  24.  And,  to  prevent  the  destruction  of  prisoners  of  war,  by 
sending  them  into  distant  and  inclement  countries,  or  by  crowding 
them  into  close  and  noxious  places,  the  two  contracting  parties  so- 
lemnly pledge  themselves  to  each  other,  and  to  the  world,  that  they 
will  not  adopt  any  such  practice  ;  that  neither  will  send  the  prisoners 
whom  thoy  may  take  from  the  other  into  the  East  Indies,  or  any  other 
parts  of  Asia  or  Africa,  but  that  they  shall  be  placed  in  some  part  of 
their  dominions  in  Europe  or  America,  in  wholesome  situations;  that 
they  shall  not  be  confined  in  dungeons,  prison-ships,  nor  prisons,  nor 
be  put  into  irons,  nor  bound,  nor  otherwise  restrained  in  the  use  of 
their  limbs;  that  the  officers  shall  be  enlarged  on  their  paroles  within 
convenient  districts,  and  have  comfortable  quarters,  and  the  common 
men  be  disposed  in  cantonments  open  and  extensive  enough  for  air 
and  exercise,  and  lodged  in  barracks  as  roomy  and  good  as  are  pro- 
vided by  the  party  in  whose  power  they  are,  for  their  own  troops  ;  that 
the  officers  shall  ulso  be  daily  furnished  by  the  party  in  whose  power 
they  arc,  with  as  many  rations,  and  the  same  articles  and  quality,  as 


148 


TREATIES   WITH   PRUSSIA, 


ii4 


contrabands  were  not  subject  to  confiscation ;  nor  are  we 
aware  that  any  other  modern  treaty  contains  this  remarka- 
ble provision.  We  are  probably  indebted  to  Dr.  Franklin 
for  the  article.  It  had  long  been  a  favourite  subject  with 
him  to  procure  the  exemption,  from  the  evils  of  war,  of  all 
persons  engaged  in  private  pursuits,  or  occupations,  and  to 
abolish  privateering.  He  was  desirous  of  having  similar 
articles  inserted  in  the  treaty  with  England  of  '83,  and  pro- 
posed, then>  to  Mr>  Oswald, 

are  allowed  by  tliem,  either  in  kind  or  by  commutation,  to  officers  of 
equal  rank  in  their  own  army  ;  and  all  others  shall  be  daily  furnished 
by  them  with  such  ration  as  they  allow  to  a  common  soldier  in  their 
own  service ;  the  value  whereof  shall  be  paid  by  the  other  party  on  4 
mutual  adjustment  of  accounts  for  the  subsistence  of  prisoners  at  the 
close  of  the  war  ;  av}  the  said  accounts  shall  not  be  niingled  with, 
nor  setoff  against  any  others,  nor  the  balances  due  on  them  be  with- 
held as  a  satisfaction  or  reprisal  for  any  other  article,  or  for  any  other 
cause,  real  or  pretended,  whatever  ;  that  each  party  shall  be  allowed 
to  keep  jEi  commissary  of  prisoners,  of  their  own  appointment,  with 
every  separate  cantonment  of  prisoners  in  possession  of  the  other, 
which  commissary  shall  sec  the  prisoners  as  often  as  he  pleases,  shall 
be  allovved  to  receive  and  distribute  whatever  comforts  may  be  sent 
to  them  by  their  friends,  and  shall  be  free  to  make  his  reports  in  open 
letters  to  those  who  employ  him  ;  but  if  any  officer  shall  break  his 
parole,  or  any  other  prisoner  shall  escape  from  the  limits  of  his  canton- 
ment, after  they  shall  have  been  designated  to  him,  such  individual 
officer,  or  other  prisoner,  shall  forfeit  so  much  of  the  benefit  of  this 
larticle  as  provides  for  his  enlargement  on  parole  or  cantonment.  And 
it  is  declared,  that  neither  the  pretence  that  war  dissolves  all  treaties, 
nor  any  other  whatever,  shall  be  considered  as  annulling  or  suspend- 
ing this  and  the  next  preceding  article  ;  but,  on  the  contrary,  that  the 
state  of  war  is  precisely  that  for  which  they  are  provided  ;  and  during 
which  they  are  to  be  as  sacredly  observed  as  the  most  acknowledged 
articles  in  the  law  of  nature  or  nations. 

"Art.  25.  Each  party  may  have  considti,  &;c.  in  the  ports  of  the 
other. 

"  Art.  26.  Favours  granted  to  any  other  nation,  in  navigation  or 
commerce,  by  one  party,  shall  become  common  to  the  other,  on  the 
same  conditions."  • 

The  treaty  was  limited  to  ten  years* from  the  year  1786. 


TREATIES   WITH    PRUSSIA. 


149 


All  wars  consist  in  attacks  on  private  property,  for  there 
is  scarcely  any  other  mode  of  making  a  war  felt ;  few  na- 
tions have  public  property  within  reach  of  an  enemy.  If  a 
state,  like  America,  should  withdraw  the  few  public  ships  it 
has  from  the  ocean,  it  is  difficult  to  conceive  how  a  war 
could  be  conducted  against  it,  for  all  its  trade,  occupation, 
commerce,  and  manufactures  would  go  on  as  in  time  of 
peace.  If  the  enemy  land,  the  treaty  forbids  them  destroyr 
ing,  and  even  compels  them  to  live  at  their  own  expense. 
This  proposition  seems  to  be  incapable  of  application  ;  for 
the  distinction  between  the  public  and  the  private  property 
of  a  nation  is  a  vague  one,  more  especially  under  a  free 
government ;  and,  after  all,  public  property,  speaking  with 
strictness,  even  in  despotic  countries,  constitutes  a  very 
small  portion  of  the  wealth  of  the  state.  We  do  not  underr 
take  to  say,  what  effect  it  would  have  on  the  patriotism  of 
the  people,  to  separate  them  so  entirely  from  the  govern- 
ment, as  this  arrangement  would  do.  But  we  have  great 
doubts,  supposing  it  all  along  perfectly  practicable,  whether 
this  scheme  would  have  any  other  effect  than  to  make  wars 
perpetual.  They  should  be  accompanied  with  some  horrors, 
at  least,  to  prevent  nations  from  engaging  in  them  too  eager-r 
ly.  As  to  the  particular  application  of  the  part,  relating  to 
privateers  to  this  country,  it  can  never  be  the  policy  of 
America,  while  that  system  exists  among  civilized  nations^ 
to  debar  themselves  of  the  right  of  issuing  commissions  to 
private  armed  vessels.  The  country  has  the  means,  in  time 
of  war,  of  doing  more  injury  to  an  enemy  by  that  species  of 
molestation,  than  any  other  whatever.  Privateering  is  to  be 
justified  as  one  mode  of  harassing  an  enemy,  that  the  cus^ 
toms  of  civilized  nations  allow  a  belligerent  to  adopt,  and  it 
can  be  defended  on  the  same  ground  as  most  of  the  other 
practices  of  war.  It  is  not  easy  to  make  a  just  and  sound 
distinction  between  captures  by  private  and  public  armed 
vessels  ;  one  form  of  capture  is  probably  as  humane  as  the 
other.  It  makes  little  difference,  we  imagine,  to  the  enemy's 
merchantman  whether  he  falls  into  the  hands  of  a  privateer 
or  a  frigate.     At  any  rate,  we  cannot   but  be   amused  that 


150 


TREATIES   WITH    PRUSSIA. 


the  King  of  Prussia,  a  principal  conspirator  in  the  partition 
of  Poland  and  author  of  various  profligate  attacks  on  Saxonj, 
should,  nevertheless,  manifest  such  extreme  tenderness  for 
the  property  of  private  traders  ;  and  without  a  ship  himself 
on  the  ocean,  should  take  such  an  interest  in  the  rights  of 
neutrals.  In  finishing  this  paragraph,  it  will  occur  to  every 
one,  that  the  principal  objection  to  the  provisions  of  the  23d 
article  would  be  the  extreme  difiiculcy  of  adhering  to  them.* 

This  treaty  expired  in  '96.  The  United  States  had  no 
direct  trade  with  Prussia  before  the  year  '99  ;  the  trade 
with  that  part  of  Germany  having  been  principally  conducted 
through  Hamburgh  and  Bremen.  Since  '99,  we  have  had 
occasionally  some  slight  commercial  intercourse  with  Prussia, 
but  it  has  been  greatly  interrupted  by  the  wars  in  Europe, 
and  the  continental  system.  In  general,  however,  the  ex- 
ports from  Prussia  have  exceeded  the  imports.  Prussia, 
since  the  last  arrangement  in  1815,  now  owns  an  extensive 
seacoast,  though  our  trade  has  latterly  much  fallen  off  to  that 
part  of  the  world.  It  is,  at  present,  on  the  new  footing  of 
reciprocity.      '''■'^'    ' 

The  treaty  of  '85  was  renewed  in  '99,  at  Berlin,  by  John 
Quincy  Adamsf  on  the  part  of  the  United  States,  and,  on 
the  part  of  Prussia,  by  the  Count  of  Finckenstein,  M. 
d'Alvensleben,  and  the  Count  'of  Haugwitz.  This  treaty, 
though  a  copy,  in  most  of  the  articles,  of  that  of  '85,  differ- 
ed in  several  respects.  The  rule,  that  free  ships  make  free 
goods,  not  having  been  respected  during  the  two  last  wars, 
the  parties  agreed,  at  the  return  of  peace,  to  concert  such 
arrangements  with  the  maritime  powers,  as  should,  hereafter, 
secure  the  navigation  and  commerce  of  the  neutral.  Con- 
trabands were  specified,  and  confined  to  military  arms  and 
stores  ;  the  exemption,  stipulated  in  the  16th  article  of  the 
treaty  of  '85,  on  the  subject  of  an  embargo,  was  annulled. 


;:^ 


*  It  will  be  seen  that  in  tlie  next  treaty  made  with  Prussia  in  '99, 
the  whole  of  this  stipulation,  respecting  privateers  and  the  exemption 
of  private  ti'ndini^  vessels,  was  omitted. 

f  Appointed  minister  plenipotentiary  in  June '95.  ,;,. 


TREATIES   WITH    PRUSSIA. 


161 


Vessels  were,  thereafter,  subject  to  embargoes  on  the  prin-* 
ciple  of  the  most  favoured  nation,  and  an  indemnity  was 
stipulated  for  all  vessels  detained  for  public  uses.  The 
original  regulation  in  the  23d  article  of  the  same  treaty, 
respecting  privateers  and  merchant  and  trading  vessels,  was 
abolished.  This  treaty  expired,  by  its  own  limitation,  in 
1810.  It  has  not  been  renewed, — nor  have  the  United 
States,  since  Mr.  Adams's  return  in  1801,  appointed  a  min- 
ister to  Prussia.  -.  :  '  t.      .*v, 

The  last  mission  to  Prussia  seems  to  have  been  little  re- 
quired either  by  the  condition  of  the  commerce,  or  of  the 
political  relations  of  the  country  ;  but  'it  was  instituted  for  a 
purpose,  which,  though  in  itself  harmless  as  matters  turned 
out,  must,  nevertheless,  be  considered  a  variation  from  the 
direct  neutral  cour-  ?  of  the  United  States.  The  renewal 
of  the  original  treaty  of  1785  with  that  nation  was  not,  in 
itself,  of  sufficient  importance  to  render  a  special  embassy 
necessary  ;  this  country  never  derived  any  benefits  from 
that  instrument,  nor  could  any  in  the  actual  state  of  com- 
merce be  anticipated.  The  mission  was  political,  and,  in 
that  view  of  the  subject,  cannot,  we  think,  meet  with  much 
favour  from  any  reflecting  statesman  of  the  present  day. 
Washington,  about  retiring  from  the  office  of  President,  had 
just  delivered  his  farewell  address,  in  which  he  recommended 
to  the  people  to  have  as  "  little  political  connexion  with 
foreign  nations  as  possible."  All  seemed  to  feel  and  ac- 
knowledge the  force,  wisdom  and  soundness  of  the  maxim, 
notwithstanding  the  excitement,  produced  in  one  portion  of 
the  community  by  the  guaranty  of  the  treaty  of  alliance. 
And  from  his  successor,  who  came  into  office  with  the  vast 
benefit  of  all  the  experience  to  be  derived  from  having  been 
associated,  in  a  high  station,  with  General  Washington, 
during  the  eight  years  of  his  administration,  an  immediate 
deviation  from  this  course  of  policy  was  by  no  means  to  be 
expected.  This  eminent  individual  had  witnessed  the  suc- 
cessful operation  of  the  system  of  neutrality,  adop.^id  by  the 
first  President,  and  he  was  aware  of  the  considerations,  that 
made  the  proclamation  of  1793,  necessary,  as  well  as  of  the 


m 


152 


TREATIES   WITH    PRUSSIA. 


.I'l 


source,  tvhence  flowed  the  troubles  and  difficulties  of  that 
trying  tiine»  But  in  the  second  year  of  the  second  adminis- 
tration, a  message  was  addressed  to  Congress,  in  which  no- 
tions, in  regard  to  foreign  intercourse,  are  developed  that 
were,  we  believe,  as  unexpected,  as  they  ever  will  be  con- 
sidered of  hazardous  import  and  tendency.  In  different 
parts  of  this  work  we  may  appear  to  have  spoken  too  fully 
and  with  too  much  emphasis  of  measures,  touching  our  for- 
eign relations,  that  were  not  accompanied  with  direct,  ob- 
vious mischiefs  ;  but  we  cannot  separate  the  domestic  from 
the  foreign  policy  of  the  government,  and,  in  our  judgment, 
the  mutilation,  which  the  prevalence  of  such  opinions  will 
finally  cause  to  the  constitution  itself,  must  prove  fatal,  for 
they  will  lay  the  broad,  gradual  foundations  of  a  concentra- 
tion and  consolidation  of  power,  that,  the  only  barrier,  now 
existing  in  the  States,  will  be  found,  altogether,  too  feeble 
to  resist.  We  confess  as,  upon  all  occasions  of  domestic 
policy,  we  should  adhere  to  the  fair,  precise,  plain  text  of 
the  constitution,  and  admit  neither  gloss,  commentary,  nor 
interpolation,  so,  in  regard  to  foreign  relations,  we  trust  the 
government  will  never  be  seduced  by  schemes  of  ambition, 
or  prospects  of  immediate,  temporary  advantage,  to  embark 
upon  this  wide,  unknown,  dark,  boisterous  sea  of  alliances, 
political  connexions,  or  confederacies,  by  whatever  name, 
nature,  or  description  called,  or  known. 
^  The  message,  to  which  we  have  alluded,  was  in  these 
words:    :,}  .  .  iv  ^^v.  /".  ■   -     •"     :\n,--    ■•'''•■    ' 

"  Although  it  is  very  true,  that  we  ought  ;iot  to  involve  our- 
selves in  the  political  system  of  Europe,  but  keep  ourselves  dis- 
tinct and  separate  from  it  if  we  can;  yet  to  effect  this  separation, 
early,  punctual  and  continued  information  of  the  current  chain  of 
events  and  of  the  political  projects  in  certain  relations,  is  no  less 
necessary  than  if  we  were  directly  concerned  in  them.  It  is  ne- 
cessary in  order  to  the  discovery  of  the  effects,  made  to  draw  us 
into  the  vortex,  in  season  to  make  prt'paration  against  them. 
However  we  may  consider  ourselves,  the  maritime  and  commer- 
cial powers  of  the  world  will  consider  the  United  States  of  Ameri- 
ca as  forming  a  weight  in  that  balance  of  power  in  Europe,  which 


TREATIES   WITH     PRUSSIA. 


153 


can  never  be  forgotten  or  neglected.  It  would  not  only  be  ngninst 
our  interest,  but  it  would  be  doing  wrong  to  one  half  of  Europe, 
at  least,  if  we  should  voluntarily  throw  ourselves  into  either  scale. 
It  is  a  natural  policy  for  a  nation,  that  studies  to  be  neutral,  to  con- 
sult with  other  nations,  engaged  in  the  same  studies  and  pursuits — 
at  the  same  time,  that  measures  ought  to  be  pursued  with  this 
view,  our  treaties  with  Prussia  and  Sweden,  one  of  which  is  ex- 
pired, and  the  other  near  expiring,  may  be  renewed." 

^"  The  nomination,  made  in  pursuance  of  the  intimation, 
contained  in  this  document,  was  confirmed  by  the  Senate, 
and  the  necessary  appropriation  granted  by  the  'House  ;  but 
in  both  bodies  the  measure  was  resisted  with  zeal  and  per- 
severance. A  long  debate  arose  in  the  House  of  Represen- 
tatives on  the  foreign  intercourse  bill,  involving  a  considera- 
tion of  the  expediency  and  necessity  of  this  act.  A  general 
outline  of  the  remarks  of  the  speakers  only  has  been  pre- 
served in  the  public  prints  of  the  day  :  but  we,  certainly, 
are  not  able  to  reconcile  the  sentiments  of  the  able  men, 
who  supported  the  administration,  either  with  the  precepts 
of  a  rigid,  judicious  and  steady  neutrality,  or  with  the  rules 
and  maxims  of  government,  now  consecrated  by  the  prac- 
tice and  example  of  Washington.  From  that  period,  party 
heat  distorted  and  confused  to  some  extent  almost  every  dis- 
cussion, still  not  a  single  expression  of  opinion,  or  political 
indication,  of  any  sort  his  since  been  observed  in  the  histo- 
ry ->(  this  nation,  which  can  raise  in  the  mind  of  a  man  (who 
will  now  calmly,  impartially  and  carefully  examine  for  him- 
self) a  reasonable  doubt,  both  of  the  consequences  of  that 
measure  to  the  administration  of  the  second  President,  and 
of  the  broad,  deep,  mark  of  disapprobation,  the  American 
people  have  set  upon  that  and  every  succeeding  endeavour 
to  expand  the  relations  with  foreign  states  beyond  the  pre- 
cise bounds,  that  an  honourable,  matured  and  prosperous 
system  of  neutrality  has  firmly  and  distinctly  adjusted.*        , 

*  Since  Mr.  Adams'  second  mission,  the  U.  States,  we  believe,  have 
had  no  diplomatic  agent  at  Berlin.     In  1819  Frederic  Greubm  was 
accredited  as  a  minister  from  Prussia,  and  at  present  that  government 
is  represented  here  by  Mr.  Niederstetter,  a  charge  d'affaires. 
VOL.   r.  20 


n  ■ 


j.»* 


(     154     ) 


■I 


1  ■;^■■.,J    'x 


':;;         .    .'I  ,■  /ij     ,U  L'i';  i    US'.'},. 


I     CHAPTER    VI. 
'      «',      TREATY  OF  1794  WITH  GREAT  IJUITAIN. 

Confederation  no  power  over  Commerce— Commercial  conventions  with 
France,  Holland^  Prussia  and  Sweden — JVo  trade — IVade  to  Eng- 
land only  important  one — Depended  on  an  annual  act  of  Parlia- 
ment— Policy  at  variance  with  Europe — Mr.  Adams  chosen  to  St. 
James — First  envoy — Adams'*  address  to  King  and  the  answer —  Well 
received — JVotes  with  Lord  Caermarthen — Presentation — England 
refused  to  make  a  treaty — Account  of  violations  of  treaty  of  '83 — 
Debts — Interest — Remarks  on  JVavy  and  Commerce — Symptoms  of 
war  in  Europe — Pass  off- — Inscription  on  gate  at  Cherson — Con- 
federacy dissolved — Randolpli's  letter  on  state  of  Parties — Ham- 
mond, first  envoy  to  this  country — Morris — Pinckney — Origin  of 
oppressive  acts  by  belligerents — War  between  France  and  England — 
Provisions  contraband — Rules  of  neutrality — Danger  of  a  war — 
Executive  appoints  Mr.  Jay  to  London — Jay''s  instructions — De- 
cides question  of  neutrality — Concludes  a  treaty  —  Unpopular — Dii- 
icrhances  on  account  of  treaty — Eventually  favourable  to  the  United 
States. 

The  United  States,  at  the  close  of  the  war  of  1783,  had 
commercial  treaties  with  France,  Sweden  and  Holland,  but 
no  trade  with  either  of  those  countries.  The  Congress  of 
the  confederation  were  not  invested  with  power  to  regulate 
commerce,  or  to  levy  imposts,  and  a  proposition,  made  to 
the  states,  authorizing  the  government  to  assess  a  duty  of 
five  per  cent,  ad  valorem  on  imports,  had  been  rejected. 
The  confederacy  was  adopted  for  the  purpose  of  carrying  on 
the  war,  and  was,  in  reality,  adapted  to  few  other  purposes. 
The  excitements  of  the  contest  and  the  necessity  of  securing 
their  independence,  supported  the  people  in  their  hardships. 
But  peace  left  them,  if  possible,  with  still  greater  hardships, 
and  without  a  single  circumstance  of  excitement.     The  ex- 


TREATY  OF  '94  WITH  ENGLAND. 


155 


ternal  pressure,  that  alone  had  kept  the  states  united,  was 
removed  ;  and  at  this  juncture  there  appeared  thirteen  sove- 
reign, independent  governments,  bound  together  nominally 
in  one  confederation,  each  entitled  and  equally  qualified  in  its 
own  capacity  to  assess  taxes,  to  establish  duties  and  rates  of 
tonnage,  and  to  open  or  forbid  with  each  other  or  with  for- 
eign nations,  every  species  of  trade  or  intercourse.  Ame- 
rica, in  a  state  of  colonization,  had  been  permitted  to  drive 
only  a  restricted  commerce.  The  exports  were  limited  to 
the  parent  country,  and  to  the  least  valuable  markets  of  Af- 
rica, of  the  south  of  Europe,  and  to  the  West  Indies ;  though 
the  articles  termed  in  the  navigation  and  subsequent  acts, 
"  enumerated  commodities,"  were  confined  exclusively  to 
Great  Britain.  The  parallel  of  Cape  Finisterre,  the  bound- 
ary of  the  trade  to  the  north,  entirely  cut  off  France,  Swe- 
den and  Holland  ;  countries  with  whom,  as  we  have  said, 
America  had  commercial  conventions,  but  no  habits  of  inter- 
course. The  whole  trade  to  Great  Britain,  her  colonies 
and  possessions,  (altogether  the  only  one  of  any  value  at 
that  period)  rested  upon  the  precarious  tenure  of  an  annual 
act  of  Parliament. 

The  course  of  trade,  and  of  every  description  of  commu- 
nication with  Europe,  had  formerly  been  that  of  a  colony. 
And  now  become  independent,  the  policy  of  America  could 
in  no  way  be  made  to  follow  in  the  same  current  with  that 
of  the  nations,  with  whom  she  was  brought  immediately  to 
act.  Those  countries  were  old  and  hardened  in  a  system 
of  exclusion  and  commercial  proscription.  They  held  colo- 
nies upon  whom,  according  to  the  fashionable  doctrines  of 
the  day,  not  yet  entirely  exploded,  it  was  just  and  proper 
to  impose  restrictions  for  the  purpose,  to  use  the  emphatic 
words  of  the  preamble  to  the  statute  15  Charles  II.  "of 
keeping  them  (the  colonics)  in  a  firmer  dependence  upon  it 
(the  mother  country)  and"  rendering  "  them  yet  more 
beneficial  and  advantageous  to  it."  On  the  other  hand,  the 
United  States  having  no  manufactures  at  home  to  protect, 
or  foreign  possessions,  whose  trade  it  was  necessary  to  mo- 
nopolize, found  themselves  at  variance  on  every  point  with 


i/ 


im 


TREATY    OF    '94    WITH    ENGLAND. 


the  systems  of  the  European  governments.  In  their  earliest 
instructions,  Congress  recommended  the  adoption  of  a  liberal 
scheme  of  commerce,  a  system  now  gradually  introducing 
itself  through  the  world,  but  at  the  tim-  exceedingly  dis- 
relished and  condemned  by  most  of  the  writers  on  com- 
merce, particularly  Lord  Sheffield,  in  a  pamphlet,  that  at- 
tracted great  notice.  And,  undoubtedly,  without  the  alarm 
caused  in  the  governments  of  Europe  by  the  French  revolu- 
tion, that  led  them  to  consider  every  reform  an  innovation, 
we  should  already  have  had  a  much  greater  freedom  of  com- 
mercial, and,  perhaps,  also  political  institutions  in  the  old 
world.  The  commercial  regulations  of  these  instructions  of 
Congress  of  1784  differ  little  from  the  doctrines  of  the  arm- 
ed neutrality,  a  short  time  before  that  period  in  high  repute, 
but  then  falling  into  decay.* 

*  The  first  administration  under  the  constitution  wns  difsposed  to 
maintain  the  same  system.  \Ve  shall  quote  a  remarkable  passage 
from  a  report  of  the  Secretary  of  State  for  the  yesr  'i>2.  "  Instead 
of  embarrassing  commerce  under  piles  of  regulating  laws,  duties,  and 
prohibitions,  could  it  be  relieved  from  all  its  shackles,  in  all  parts  of 
the  world,  could  every  country  be  employed  in  producing  that,  which 
nature  has  best  fitted  it  to  produce,  and  each  be  free  to  exchange  with 
others  mutual  surpluses  for  mutual  wants,  the  greatest  mass  possible 
would  then  be  produced  of  those  things,  which  contribute  to  human 
life  and  human  happiness  ;  the  numbers  of  mankind  would  lie  increas- 
ed, and  their  condition  bettered.  Would  even  a  single  nation  begin 
with  the  United  States  this  system  of  free  commerce,  it  would  be  ad- 
visable to  begin  it  with  that  nation  ;  since  it  is  one  by  one  only,  that  it 
can  be  extended  to  all.  Where  {||Pcirrumstances  of  either  party  ren- 
der it  expedient  to  levy  a  revenue,  liy  way  of  impost  on  commerce,  its 
freedom  might  be  modified  in  that  ])articular,  by  mutual  and  equiva- 
lent measures,  preserving  it  entire  in  all  others.  Some  nations,  not 
yet  ripe  for  free  comnierco  in  ull  its  extent,  might  still  be  willing  to 
modify  its  restrictions  and  regulntions  for  us,  in  proportion  to  the  ad- 
vantages, which  an  intercourse  with  us  might  offer.  Particularly, 
they  may  concur  with  us  in  reciprocating  the  duties  to  be  levied  on 
each  side,  or  in  compensating  any  excess  of  duty  by  equivalent  advan- 
tages of  another  nature.  Our  commerce  is  certainly  of  a  character  to 
entitle  it  to  favour  in  most  countries.  The  commodities  we  offer  are 
either  necessaries  of  life,  or  materials  for  manufacture,  or  convenient 


TREATY    OF    '94    WITH    KNOLANT). 


m 


Great  anxiety  naturally  existed  in  America  on  the  subject 
of  commercial  intercourse.  The  commissioners,  that  made 
the  treaty  of  peace,  were  empowered,  as  has  already  been 
said,  to  conclude  a  commercial  convention.  They  did  not 
succeed  in  that  object  ;  for  Great  Britain  manifested  uncom> 
mon  reluctance  to  take  any  other  step  iii  her  diplomatic  re- 
lations with  America,  than  to  acknowledge  the  independence 
of  the  country.  In  the  meanwhile,  the  nation  rushed  into  a 
most  ruinous  commerce  with  England,  that  in  a  short  time 
added  infinitely  to  the  alarming  evils  the  war  and  the  weak- 
ness of  the  confederacy  were  daily  causing.  The  very  ear- 
liest measures  were  adopted,  however,  by  the  government 
to  obtain  a  formal  protection  for  the  trade  of  the  country ; 
and  on  the  1st  of  May,  ten  days  only  after  the  ratification 
of  peace.  Congress  ordered  a  second  commission  to  be  pre- 
pared for  Messrs.  Adams,  Franklin  and  Jay,  or  either  of 
them,  to  enter  into  a  treaty  of  commerce  with  Great  Britain, 
But  this  commission  appears  to  have  accomplished  nothing. 
A  commission  of  a  subsequent  date  was  intrusted  to  Messrs. 
Adams,  Franklin  and  Jefferson.  We  find  a  letter  from 
them,  of  March  26,  1785,  to  the  Duke  of  Dorset,  British 
minister  at  Paris,  informing  him  that  they  were  authorized 
to  treat  with  England  on  the  subject  of  commerce.  His  ror 
ply  is  dated  the  same  day,  and  contains  the  following  singu- 
lar enquiry  : — "  Whether  they  were  commissioned  by  Con- 
gress, or  their  respective  states,  for  it  appeared  to  him  that 
each  state  was  determined  to  n)anage  its  own  matters  in  its 
own  way."  Mr.  Jefferson  and  Mr.  Adams  held  several  con- 
ferences in  London,  in  the  spring  of  '86,  with  Lord  Caer? 
marthcn,  in  reference  to  commercial  regulations. 

The  commission  of  the  year  '83  not  having  succeeded  in 
concluding  a  commercial  convention,  John  Adams  of  Massa- 


siibjects  of  revenue  ;  and  we  take  in  exchange,  eitlier  manufactures, 
when  they  have  received  the  last  finish  of  art  and  industry,  or  mere 
luxuries.  Such  customers,  too,  whose  demands,  increasing  with  their 
wealth  and  population,  must  very  shortly  give  full  employment  to  the 
whole  industry  of  any  nation  whatever,  in  any  line  of  supply  they 
may  get  into  the  habit  of  calling  for  from  it." 


Mi 


158 


TREATY    OF    '94    WITH    ENGLAND. 


chusetts  was  chosen  in  February  1785  minister  plenipoten- 
tiary to  the  court  of  St.  James  ;  the  first  envoy  sent  to 
Great  Britain  by  the  United  States.'**'  Mr.  Adams  arrived 
in  England  in  the  spring  of  the  same  year,  and  his  first  note, 
dated  Bath  Hotel,  May  2G,  1785,  is  in  these  words  : 

"  Mr.  Adams  hns  the  honour  to  acquaint  the  Right  IIououDihle 
the  Mnrquis  of  Cacrmarthcn,  that  he  is  just  arrived  in  town  with 
credential?  from  the  United  States  of  America,  and  desires  to  be  in- 
informed  nhat  hour  he  may  have  the  honour  of  payings  his  respects 
to  his  Lordship." 

"  Grosvenor  Square,  May  27. — Lord  Cacrmarthcn  presents  his 
compliments  to  Mr.  Adams,  and  shall  be  glad  to  see  Mr.  Adams  this 
day  about  one  o'clock  in  Grosvenor  Square,  or  at  the  ollice  in 
Cumberland  Itow  about  four  o'clock,  which  ever  is  most  convenient 
to  Mr.  Adams." 

These  notes  were  immediately  succeeded  by  the  two  fol- 
lowing : 

"  St.  James,  May  27,  '85. — Sir,  I  forgot  to  mention  to  you  to  day, 
when  you  did  me  the  honour  to  call  upon  me  in  Grosvenor  Square, 
that  it  is  customary  for  every  foreign  minister  to  send  the  Secre- 
tary of  State  a  copy  of  the  credential  letters,  they  are  directed  by 
their  sovereigns  to  present  to  his  Majesty  and  the  Queen.  With 
regard  to  the  superscription,  I  find  the  credentials  of  the  ministers 
from  the  States'  General  of  the  United  Provinces  are  only  ad- 
dressed, '  Au  Uoi  de  la  G.  B.'     I  believe  I  did  mention  to  you,  Sir, 

*  On  the  subject  of  this  appointment  we  have  great  pleasure,  for 
various  reasons,  in  taking  this  opportunity  to  introduce  a  passage  from 
n  letter  of  Mr.  Jay  (May  30,  1783)  from  Paris  to  the  President  of  Con- 
gress : — "  It  cannot,  in  my  opinio  i,  be  long  before  Congress  will  think 
it  expedient  to  name  a  minister  to  the  court  of  London.  Perhaps  my 
friends  may  wish  to  add  my  name  to  the  number  of  candidates.  If 
that  should  be  the  case,  I  request  the  favour  of  you  to  declare  in  the 
most  explicit  terms  that  I  view  the  expectations  of  Mi*.  Adams  on  that 
head  as  founded  in  equity  and  reason,  and  that  I  will  not,  by  any 
means,  stand  in  his  way.  Were  I  in  Congress  I  eliould  vote  for  him. 
lie  deserves  well  of  his  country,  and  is  very  able  to  serve  her.  It  ap- 
pears to  me  to  be  but  fair,  that  the  disagreeable  conclusions,  which 
may  be  drawn  from  the  abrupt  repeal  of  his  former  commission, 
should  be  obviated,  by  its  being  restored  to  him." 


THRATY  OF  '94  WITH  ENGLAND. 


159 


(hut  credential  letters  nre  ulwaj'S  ilelivcrcti,  scnicil,  into  his  Ma- 
jesty's 'landi*.  "1  am,  Sir,  &c. 

"  CAERMARTHEN. 
"JoriN  Adams,  Esq.,  &c.  &c.  &c.'* 

"  London,  M.iy  20,  'C5. — My  Lord,  I  have  received  the  letter 
your  Lordship  did  ine  the  honour  to  uritc  me  yesterday,  and  have 
enclosed  a  copy  of  the  credential  letter,  1  am  dirccied  by  my  bovc- 
ruigii  to  present  to  his  Majesty.  I  am  so  unfortunate  as  not  to 
have  any  for  the  Queen.  IJut  1  know  the  sentiments  of  my  coun- 
try and  of  Congress  so  well,  as  to  ho  sure,  that  it  is  not  owing  to 
any  want  of  respect  to  her  Majesty  ; — probably  it  was  merely  the 
want  of  information,  that  there  ever  had  been  a  precedent  of  it. 

"  I  beg  leave  to  propose  to  your  Lordship,  that  the  superscrip- 
tion should  be,  to  his  Majesty  George  the  3d,  King  of  Great  Britain, 
France  and  Ireland,  Defender  of  the  Faith,  &c.  If  your  Lordship 
should  not  disapprove  of  this,  I  should  prefer  it  to  the  address  of 
the  United  States'  Provinces,  as  being  more  respectful." 

Shortly  afterwards,  Mr.  Adams  was  presented  to  the  King 
and  Queen,  and  we  have  it  in  our  power  to  recite  an  au- 
thentic version  of  what  was  said  on  that  remarkable  and  in- 
teresting occasion,  as  poetical  and  picturesque,  considered  as 
one  point  of  view,  both  of  the  past  and  future,  as  any  thing 
that  has  taken  place  : 

"  May  20. — This  morning  Sir  Clement  Cotterell  Dormer,  master 
of  the  ceremonies,  called  on  me  to  inform  me,  that  he  was  ordered 
to  attend  me  to  Court  on  Wednesday,  as  he  did  all  foreign  ministers 
at  their  first  presentation."  "Agreeably  to  previous  arrange- 
ments, the  master  of  ceremonies  called  on  mc  at  one,  and  ac- 
companied me  to  the  Secretary's  oflice,  whijnce  Lord  Cacrmarlhen 
accompanied  me  to  the  I'alacc,  and  was  in  a  very  short  time  intro- 
duced to  the  King's  closet,  when  with  the  usual  ceremony  1  pre- 
sented my  letter  of  credence  to  his  Majesty,  and  after  a  few  min- 
utes conversation  retired.  1  have  only  time  to  observe,  that  I  was 
introduced  with  every  necessary  formality,  and  received  with  some 
marks  of  attention." 

"  The  master  of  ceremonies  attended  me  in  the  anti-chamber, 
while  the  Secretary  of  State  went  to  take  the  commands  of  his  Ma- 
jesty.    While  I  stood  in  this  place,  where,  it  seems,  all  ministers 


(••/- 


160 


TREATY    OF    '91    WITH    KNOLAND. 


ii 


Mnnil  upon  Biich  occn^iions,  nlwnys  attended  hy  the  mnslcr  of  rore- 
monies,  the  room,  very  full  of  ministers  of  stnte,  bishops  and  nil 
other  sorts  of  courtiers,  as  well  as  the  next  room,  which  is  the 
King^s  bed  chamber,  you  may  well  suppose,  that  I  was  the  focus  of 
nil  eyes.  I  was  relieved  from  the  embarrassment  of  It  by  the 
Swedish  and  Dutch  riinirttcrs,  who  came  to  mc  and  entertained  mo 
with  H  very  agreeable  conversation  the  whole  time.  Some  other 
gentlemen,  whom  I  had  seen  before,  also  came  to  make  their  com- 
pliments to  me,  till  the  Marquis  of  Caormarthcn  returned  and  de- 
sired mc  to  go  with  him  to  his  Majesty.  I  went  with  his  Lordship 
through  the  levee  room  into  the  King's  closet.  The  door  was 
shut,  and  I  was  left  with  his  Majesty  and  the  Secretary  alone.  I 
made  the  three  revorencos,  one  at  the  door,  another  about  half 
way,  and  the  thirc'l  before  the  presence,  according  to  the  usage 
established  at  this  and  all  the  northern  courts  of  Europe,  and  then 
addressed  myself  to  His  Majesty  in  the  following  words: 
'  "  Sir— The  Unitt^d  States  of  America  have  appointed  me  their 
minister  plenipotentiary  to  your  Majesty,  and  have  directed  me  to 
deliver  to  your  Majesty  this  letter,  which  contains  the  evidence  of 
it.  II  is  in  obedience  to-their  express  commands,  that  I  have  the 
honour  to  assure  your  Majesty  of  their  unanimous  disposition  and 
desire  to  cultivate  tlie  most  liberal  and  friendly  intercourse  be- 
tween his  Majesty's  subjects  and  their  citizens,  and  of  their  best 
wishes  for  your  Majesty's  health  and  that  of  the  royal  family. 
The  appointment  rf  a  minister  from  the  United  States  to  your  Ma- 
jesty's Court  will  form  an  epocha  in  the  history  of  England  and 
America.  1  think  myself  more  fortunate  than  all  my  fellow  citi- 
zens in  having  this  distinguished  honour  to  appear  in  your  Majes- 
ty's presence  in  a  diplomatic  character,  and  shall  esteem  myself 
the  happiest  of  men,  if  1  can  be  instrumental  in  restoring  an  entire 
esteem,  confidence  and  aiTection,  or,  in  other  words,  the  good  old 
nature  and  the  good  old  humour  between  people,  who,  though 
separated  by  an  ocean  and  under  different  governments,  have  the 
same  language,  a  similar  religion,  and  kindred  blood.  1  beg  your 
Majesty's  permission  to  add,  that,  though  I  have  some  time  before 
been  intrusted  by  my  country,  it  was  never  in  my  whole  life  in  a 
manner  so  agreeable  to  myself.  The  King  listened  to  every  word, 
and  heard  me  with  dignity,  but  with  apparent  emotion  ; — whether  it 
was  the  nature  of  the  interview,  or  my  sensible  agitation  (for  I  felt 


TREATY    or    '91    WITH    ENOLAlfD. 


161 


more  Ihnii  I  diil  or  C(>vjUI  express)  (hut  touched  him,  I  cannot  My, 
but  lie  wns  much  )il1'(.cto(l,  und  aiistvcred  mc  with  more  tremor 
than  I  hud  spoken  with/* 

"  Sir, — The  wliole  of  this  Liisitioss  h  so  extraordinnry,  that  the 
teclings  yuii  discover  un  tlie  occasion  iippenr  to  mc  to  be  just  and 
proper.  1  wish,  sir,  to  be  clearly  understood,  before  1  reply  to 
the  obliging  sentiments  you  have  expressed  in  behalf  of  the  United 
States.  I  am,  }'ou  may  well  suppose,  the  last  person  in  England, 
that  consented  to  the  dismemberment  of  the  empire,  by  the  inde- 
pendence of  the  new  states,  and,  while  the  war  was  continued,  I 
thought  it  due  to  my  subjects  to  prosecute  that  war  to  the  utmost. 
I3ul,  sir,  I  have  consented  to  the  independence,  and  it  is  ratitied  by 
treaty,  and  I  now  receive  you  as  their  minister  plenipotentiary; 
and  every  attention,  respect  and  protection,  grunted  to  other  ple- 
nipotentiaries, you  shall  receive  at  this  court.  And,  sir,  as  I  was 
the  lust  person  that  consented  to  the  independence  of  the  United 
States,  so  I  shall  be  the  last  person  to  disturb,  or  in  any  way  in- 
fringe upon,  their  sovereign  independent  rights ;  and  1  hope  and 
trust,  that  from  blood,  religion,  manners,  habits  of  intercourse,  and 
almost  every  other  consideration,  the  two  nations  will  continue  for 
ages  in  friendship  and  confidence  with  each  other." 

In  the  course  of  the  next  month,  Mr.  Adams  proceeded 
directly  to  the  object  of  his  mission.  He  held  several  con- 
ferences with  the  Secretary  of  State  ;  and,  early  in  the  dis- 
cussions, appears  to  have  imbibed  tlic  opinion  that  the  pros- 
pect of  a  satisfactory  arrangement  was  altogether  hopeless. 

"  Though  I  have  been  received  here,"  the  minister  observes  in 
a  letter  June  25,  '•^  and  treated  with  the  distinction  due  to  the  rank 
and  title  you  have  given  me,  there  is,  nevertheless,  a  reserve, 
which  convinces  me,  that  we  shall  have  no  treaty  of  commerce 
until  this  nation  is  made  to  feel  the  necessity  of  it.  Cut  bono? 
they  cry;  to  what  end  a  treaty  of  commerce,  when  we  are  sure  of 
as  much  American  trade,  as  we  have  occasion  for  without  it." 

"July  27.  It  is  very  apparent  that  we  shall  never  have  a  satis- 
factory arrangement  with  this  country  until  Congress  shall  be  made 
by  the  States  supreme  in  matters  of  foreign  commerce,  and  trea- 
ties of  commerce,  and  until  Congress  shall  have  exerted  that  su- 
premacy with  a  decent  firmness."  ■   ^ 

VOL.  I.  21 


162 


TREATY   or   *94   WITH  ENGLAND. 


"  August  6,  '85*  The  spirit  of  the  times  is  very  different  from 
that  which  you  and  I  saw,  when  we  were  here  together  in  the 
months  of  October  and  November  '83.  Then  the  commerce  of 
the  United  States  had  not  fully  returned  to  these  kingdoms.  Then 
the  nation  had  not  digested  its  system,  nor  determined  to  adhere  so 
fully  to  its  navigation  laws.  Now  the  boiist  is,  that  our  commerce 
has  returned  to  its  own  channels  and  can  flow  in  no  others.  Britain 
has  ventured  to  begin  commercial  hostilities.  A  jealousy  of  a  naval 
power  is  the  true  motive,  which  actuates  them.  They  consider 
the  United  States  the  most  dangerous  rival  they  have  in  the  world. 
They  think  they  foresee,  that  if  the  United  States  had  the  same 
fisheries,  the  same  carrying  trade  and  the  same  market  for  ready 
built  ships,  they  had  ten  years  ago,  they  would  be  in  so  respecta- 
ble a  posture  and  so  happy  in  their  circumstances,  that  their  own 
seamen,  manufacturers,  and  even  merchants,  would  hurry  over  to 
them."    • 

In  July  Mr.  Adams  passed  through  the  ceremony  of  com- 
municating to  the  British  government  an  outline  of  a  com- 
mercial convention,  embracing  the  usual  stipulations  of  our 
treaties,  and  an  article  forbidding  the  practice  of  impress- 
ment. We  mention  this  fact  for  no  other  purpose  than  to 
preserve  the  course  of  the  narrative.  It  was  not  to  be  ex- 
pected that  in  1785,  a  great  impression  could  be  made  on 
England  by  propositions  concerning  free  ships — free  goods — 
the  fla^'  and  the  property,  or  exemption  from  confiscation  of 
contrabands.  Again,  in  August  the  American  minister  went 
over  the  whole  business  of  a  commercial  treaty  with  Mr. 
Piiit,  just  then  brought  into  public  affairs  in  a  most  conspicu- 
ous manner,  and  afterwards  so  celebrated  as  the  premier  of 
Great  Britain.  This  examination  included  the  entire  dis- 
t:ussion  of  the  questions  of  debts,  interest,  colonial  trade, 
negroes,  outposts  and  boundaries.  In  the  course  of  the  ne- 
gotiation, the  favourable  opinion  Mr.  Adams  had  formed  of 
Mr.  Pitt  in  the  outset  of  the  affair,  yielded  to  the  influence 
of  considerations  and  circumstances,  from  which  a  British 
minister,  in  the  actual  condition  of  that  government,  could 
hardly  be  expected  to  disencumber  himself.  We  extract  a 
single  remark.     "  Mr.  Pitt  commenced  his  career  with  sen- 


TREATY  or  '94  WITH  ENGLAND. 


163 


timents  rather  liberal  towards  the  United  States  ;  but  since 
he  has  been  prime  minister,  he  has  appeared  to  have  giv^n 
ear  to  the  Lord  Chancellor  (Thurlow)  Lord  Gower,  Mr. 
Dundas,  Mr.  Jenkinson,  so  much  so,  as  to  have  departed 
from  his  first  principles." 

Mr.  Adams,  by  no  means,  concealed  the  just  disappoint- 
ment he  suffered,  in  having  failed  to  conclude  some  sort  of 
commercial  convention.  The  mortification  was  the  more 
severe  and  vexatious,  from  the  knowledge  he  fully  possessed 
how  extremely  his  own  country  was  depressed,  in  conse- 
quence of  the  uncertain  condition  of  its  trade.  We  think, 
however,  that  no  great  censure  ought  fairly  to  be  attributed 
to  the  European  states  for  declining  to  enter  into  diplomatic 
arrangements  with  the  confederacy ;  nor  are  we  disposed  to 
acknowledge  the  soundness  and  expediency  of  the  retaliatory 
system,  recommended  by  the  American  minister.  In  the 
state  of  the  country  retaliation  was  the  very  last  weapon,  to 
which  the  United  States  should  resort. 

"  In  short,  every  article  which  can  support  a  shipwright,  a  ship, 
a  seaman,  a  whaleman,  or  cod  fisherman,  a  rum  distiller  or  a  sugar 
house,  appears  to  be  struck  at  with  a  deadly  blow,  and  a  settled 
plac  *o  deprive  us  of  all  our  carrying  trade,  the  carriage  of  our 
own  produce,  as  well  as  theirs,  appears  decidedly  to  be  adopted  by 
the  present  ministry,  and  no  party,  no  man  has  yet  dared  to  de- 
clare himself  of  another  opinion.  You  must  exclude  and  prohibit 
in  your  turn,  and  confine  your  exports  to  your  own  ships." 

This  is  not  even  good  advice  for  a  country,  possessing 
some  portion  of  capital;  but  in  1785  to  what  a  condition 
would  prohibition  anti  exclusion  have  reduced  us  ?  The  for- 
eign trade  of  that  day  was  the  only  thing  that  gave  a  start 
to  our  resources,  and  relieved  us  gradually  from  the  terrible 
pressure  of  our  own  poverty,  embarrassments  and  disaffec- 
tion of  a  thousand  kinds.  We  have  much  greater  satisfac- 
tion in  reciting  the  early  opinions,  and  in  some  degree  pre- 
dictions of  Mr.  Adams  on  a  subject,  always  of  uncommon 
importance,  now  of  extreme  interest,  and  which,  for  a  time, 
was  far  from  possessing  the  favourable  countenance  of  the 


•,-l  1  I 


164 


TREATY    OF    '94    WITH    ENGLAND. 


nation.  The  sentiment  relates  to  the  navy,  delivered  in  the 
yeai-  '65,  and  though,  savouring  somewhat  of  a  sanguine 
temperament,  has  a  solid  foundation  in  the  native  strength 
and  habits  of  the  people.  The  reader  will  also  observe, 
that  this  'brilliant  institution  owes  its  existence  to  a  system  of 
commercial  intercourse,  precisely  opposed  to  the  one  recom- 
mended in  the  following  passage :  "  If  we  should  get  over 
our  aversion  to  monopolies  and  exclusions,  and  adopt  the 
selfish,  unsocial  principles  of  the  European  nations,  particu- 
larly France  and  England,  we  should  astonish  the  world 
with  a  navy  in  a  few  years,  not  more  than  eight  or  ten, 
equal,  perhaps,  to  the  third  maritime  power  in  Europe. 
European  statesmen  know  it  better  than  we  do,  and  dread 
it  more  than  we  desire  it."  ••    - 

But  the  English  government  does  not  appear  to  have  paid 
much  attention  to  America  the  first  five  or  six  years  after 
the  peace.  They  were  occupied,  entirely,  with  domestic 
affairs  ; — in  renewing  their  ancient  alliances  with  Holland, 
Prussia,  and  other  governments  of  the  continent,  disturbed 
by  the  revolution  war — in  concluding  a  commercial  conven- 
tion with  France — in  regulating  the  trade  of  Quebec  and 
Ireland — and,  besides  tiie  customary  topics  of  India  and  the 
catholics,  two  unexpected  and  very  laborious  subjects,  the 
establishment  of  a  regency,  and  the  impeachment  of  Warren 
Hastings,  engrossed  a  great  deal  of  time  and  deliberation. 
England,  taking  advantage  of  the  general  calm,  to  repair,  as 
rapi'^'v  as  she  could,  the  disasters  of  the  war,  (not,  to  be 
su^'*,  ■  eparatory  to  the  tremendous  contest,  in  which  shp 
was  fiuout  to  be  involved,  far  more  terrible,  and  in  the  end 
fortunate  for  her,  tiian  the  one  from  which  she  had  just 
emerged,)  saw  America  struggling,  and  at  one  time  nearly 
overpowered,  with  her  own  domestic  didicultics.  At  this 
period,  it  could  not  be  said  the  American  revolution  was 
consummated.  Europe,  probably,  supposed  this  country 
was  destined  to  go  through  the  agony  of  a  civil  war,  a  con- 
dition of  society,  heretof()re  a  necessary  consequence  of  any 
great  change  in  the  form  of  governrnoiit,  lUit  this  evil 
America  escaped,  either  because  the  country  was  exhausted. 


TREATY  OF  '94  WITH  rNOLAND. 


165 


or  from  the  character  of  the  people,  long  accustomed  to  self^ 
government,  and  not  bewildered  by  independence.  The  in- 
terval, from  the  peace  to  the  establishment  of  the  present 
federal  constitution  in  1789,  is  properly  the  second  period 
in  the  history  of  the  revolution,  during  which  all  the  ele^ 
ments  of  a  civil  war  were  consumed  in  the  inefficient  but 
harmless  conflicts  of  the  confederation  with  the  states. 

The  treaty  of  peace,  much  as  it  effected,  still  left  many 
causes  of  great  uneasiness  particularly  harassing  to  the  Ameri-^ 
can  government  and  people,  and  to  that  portion  of  the  sub? 
jects  of  the  mother  country,  who  had  entered  into  her  armies, 
or  abandoned  the  colonies  and  their  cause.  The  British  go- 
vernment took  their  part,  though  at  first  without  the  appearr 
ance  of  much  zeal  or  irritation  ; — sent  no  minister  to  America 
during  the  time  of  the  confederation  ;  refused  to  agree  to  any 
commercial  arrangement  whatever;  and  contented  itself  with 
the  barren  but  provoking  satisfaction  of  holding,  contrary  to 
the  treaty,  the  north  and  western  ports.  To  make  all  the  ob- 
jects of  Mr.  Adams'  mission  intellij^ible,  it  will  here  be  nc^esr 
sary  (before  proceeding  on  that  topic)  to  give  a  brief  account 
of  the  difficulties  in  f  iTiUing  the  terms  of  the  treaty,  that  arosq 
between  the  United  Slates  and  Great  Britain,  only  removed 
finally  by  the  treaty,  that  makes  the  subject  of  this  chapter. 

The  ninth  article  of  the  act  of  confederation  and  perpetual 
union  conferred  upon  the  United  States,  in  Congress  assem? 
bled,  the  sole  right  and  power  of  making  treaties.  This  power, 
though  limited  and  specific,  is  full  and  perfect  in  its  kind.  Ii) 
making  treaties,  the  states  did  not  possess  a  concurrent  juris? 
diction,  though  a  treaty  properly  made,  like  any  other  act  the 
Congress  were  aulhorizcd  to  perform,  was  a  part  of  the  law  of 
the  land,  a  contract  with  another  power,  competent  to  make 
such  contract.  The  same  body,  to  whom  the  confederation 
confided  the  power  of  making  treaties,  necessarily  possessed 
the  right  of  explnining,  interpreting  and  enforcing  them.  The 
states  could  not  make  treaties  ;  they  could  not  judge  of  them. 
A  treaty,  when  duly  ratified,  being  part  of  the  law,  all  doubts, 
that  arose  rcspectin;;;  it  between  individuals,  became  simple  ju- 
dicial questions.      But  there  was  then  in  the  country  no  court 


166 


TRBATY     or     '94    WITH     ENGLAND. 


erected  by  the  confederation.  The  duty,  therefore,  of  inter- 
preting and  enforeina;  the  provisions  of  a  treaty,  under  the  ^c- 
neral  restriction,  just  mentioned,  fell  to  the  state  courts.  This 
was  the  situation  and  condition  of  the  government ;  this  the 
extent  and  nature  of  its  authority  in  regard  to  foreign  relations, 
conferred  upon  it  by  the  celebrated  articles  of  confederation 
and  perpetual  union.  Congress  faithfully  and  punctually  ex- 
ercised, in  regard  to  the  British  treaty,  all  the  authority  with 
which  it  was  legitimately  invested.  On  two  occasions,  the 
first  in  '83,  and  again  in  '87,  it  unanimously  recommended  to 
the  states,  and  it  could  do  no  more,  (the  British  commissioner 
was  aware  of  this  fact  when  the  treaty  was  made)  to  comply 
speedily  and  exactly  with  that  portion  of  the  instrument  that 
concerned  creditors  and  royalists  ;  though  the  article  was  no 
part  of  the  law  of  the  land,  for  it  contained  only  a  recom- 
mendation. But  the  states  did  not  yield  an  immediate  at- 
tention even  to  the  recommendation ;  and,  in  vindication  of 
{themselves,  they  said  that  grievous  infractions  of  the  treaty 
were  committed  by  the  other  party, — that  the  garrisons  were 
•not  withdrawn  with  convenient  speed,  the  English  still  hold- 
ing the  posts  of  Michilimachinac  on  lake  Michigan,  Detroit, 
Fort  Erie,  Oswego  and  Niagara,  Oswegatchie  on  the  St.  Law- 
rence, Point  au  fer  and  Dutchman's  Point  on  Lake  Champlain, 
. — that  British  officers  exercised  jurisdiction  over  the  country 
in  the  vicinity  of  those  posts — and  that  a  large  body  of  negroes, 
the  property  of  American  citizens,  had  been  embarked  at  New- 
York  against  the  special  remonstrance  of  the  American  com- 
missioners. Indeed,  Lord  Caermarthen  in  a  letter,  dated 
February  28,  '86  to  the  American  minister,  directly  admitted 
that  the  fourth  article  had  been  violated  ;  and  fully  justified 
the  proceeding  on  the  ground,  that  infractions  had  been  com- 
mitted by  the  Americans,  particularly  as  it  respects  the  re- 
covery of  debts. 

But  no  foundation  appears  to  exist  for  the  charge,  at  that 
time  repeated  with  great  earnestness,  and,  indeed,  one  of  the 
principal  sources  of  complaint  on  the  part  of  England,  that  the 
integrity  and  independence  of  the  American  courts  were  ob- 
noxious to  reproach.     The  uprightness  of  their  decisions  can 


TREATY    OP    '94    WITH    ENOLAITD. 


167 


by  no  means  be  impeached.  There  was  undoubtedly  a  great 
popular  excitement  against  British  creditors,  which  in  the 
end  extended  itself  to  creditors  of  all  descriptions.  This  cir- 
cumstance deterred  some  individuals  from  bringing  actions. 
All  the  evil  consequences  men  feel,  who  are  compelled  from 
duty  or  situation  to  pursue  unpopular  measures,  unquestiona- 
bly befell  British  creditors,  just  after  the  peace  ;  they  suffer- 
ed all  the  inconvenience,  met  with  all  the  delays  and  obsta- 
cles that  a  highly  heated  public  sense  could  oppose  to  them. 
This  was  not  a  violation  of  any  provision  of  the  treaty :  it 
was  an  evil,  along  with  many  others,  the  war  had  brought 
upon  them.  Rut  unless  the  court  or  the  creditor  was  over- 
awed and  arrested  in  their  proceedings  by  popular  tumults, 
or  threats,  or  commotions,  we  are  not  aware  that  any  infrac- 
tions of  the  treaty  can  justly  be  complained  of.  Any  man 
who  undertook  to  recover  his  lawful  debts  immediately  after 
the  peace,  certainly  rendered  himself  exceedingly  unpopular. 
This  state  of  things  produced  a  serious  rebellion  in  one  part 
of  the  country.  It  was  also  impossible,  that  the  article  con- 
cerning the  recovery  of  debts  could  have  been  immediately 
fulfilled  by  the  Americans.  The  distress  for  money  was 
extreme  ;  it  had  been  so  for  three  years  before  the  termina- 
tion of  the  war.  The  country  rushed  instantly,  and  with  great 
avidity,  into  an  extensive  foreign  commerce,  which  did  but 
increase  the  mischief.  The  opposition  to  paying  the  foreign 
as  well  as  domestic  debts,  undoubtedly  arose,  in  a  great  mea- 
sure, from  the  lamentable,  and  apparently  increasing  poverty 
of  the  people.  It  was  not  an  opposition  by  any  means  direct- 
ed exclusively  against  the  treaty ;  but  all  persons  in  the  situa- 
tion of  creditors  suffered  equally,  and  for  similar  reasons.  At 
the  same  time  the  foreign  creditor  was  more  obnoxious  to 
popular  clamour;  for  not  only  the  odium  of  the  war  was  at- 
tached to  him,  but  the  demands  of  this  class  of  persons  were 
very  great.  And  they  were  pressed  with  a  zeal  which  to 
the  debtor  appeared  somewhat  harsh  and  unreasonable, 
though  the  foreign  merchant  probably  felt  very  differently 
on  the  subject.     At  any  rate,  it  is  difficult  to  blame  men, 


€i 


168 


TREATY     OF     '91     WITH     ENGLAND. 


■    -s  •' 


!    •...( 


who  strive   to  get  their  just  debts  in  the  form  prescribed 
by  law.* 

*  The  strict  lavv  of  nations  authorizes  tlic  confiscation  of  debts  and 
all  other  incorporeal  things  belonging  to  aiicn  enemies.  (Vatt.  vol.  ii. 
p.  323.)  The  modern  practice  suspends,  but  docs  not  annul,  the  right 
of  an  enemy  to  a  debt.  "  It  is  a  principle  of  law,"  says  Sir  Wm.  Scott, 
(1  Rob.  Rep.  200.)  "  that  during  a  state  of  war,  there  is  a  total  inabili- 
ty to  sustain  any  contract  by  an  appeal  to  the  tribunals  of  the  one 
country,  on  the  part  of  the  subjects  of  the  other.  In  the  law  of  almost 
every  country,  the  character  of  an  alien  enemy  carries  with  it  a  disa- 
bility to  sua  or  to  sustain,  in  the  language  of  the  civilians,  a  persona 
standi  in  judicio.  The  peculiar  lavv  of  our  own  country  applies  this 
principle  with  great  rigour.  The  same  principle  is  received  in  our 
icourts  of  the  law  of  nations ;  they  arc  so  far  British  courts,  that  no 
hfian  can  sue  therrin,  who  is  a  subject  of  the  enemy,  unless  under  par- 
ticular circumstances  that  pro  hac  vice  discharge  him  from  the  cha- 
racter of  an  enemy  ;  such  as  his  coming  imder  a  flag  of  truce,  a  carte), 
a  pass,  o:  some  other  act  of  public  authority  that  puts  him  in  the  king's 
peace  pro  hac  vice. 

"  This  short  statement  sufficiently  testifies  what  is  the  law  on  the 
subject  of  withholding  the  debt  during  the  war.  The  following  deci- 
sion will  evince,  what  is  the  law  on  the  subject  of  restoring  the  debt 
lit  the  return  of  peace.  A  petition  came  on  in  the  Court  of  Chancery 
in  the  matter  of  Boussmaker,  a  bankrupt,  praying  that  the  petitioner 
might  be  admitted  to  prove,  under  the  conmiission,  a  debt  which  the 
commissioners  refused  to  admit,  upon  the  objection,  that  the  credit- 
ors, applying  to  prove,  were  alien  enemies.  The  Lord  Chancellor  ex- 
plained the  distinctions  of  the  law  and  its  principles  on  this  important 
question,  whether  tlie  right  of  an  alien  enemy  was  destroyed  or  only 
suspended  by  war.  *  If  this,'  said  his  Lordship, '  had  been  a  debt,  aris- 
ing from  a  contract  entered  into  with  an  alien  enemy  during  war, 
it  could  not  possibly  stand  ;  for  the  contract  would  be  void  ;  but  if  the 
two  nations  were  at  peace  at  the  date  of  the  contract,  though,  from 
the  time  of  war  taking  place,  the  creditor  could  not  sue,  yet  the  con- 
tract, being  originally  good,  upon  the  return  of  peace  the  right  would 
revive :  it  would  Ijc  contrary  to  justice,  therefore,  to  confiscate  this 
dividend.  Thoiigh  the  right  to  recover  is  suspended,  that  is  no  reason 
why  the  fund  should  be  divided  among  the  other  creditors.  The  point 
is  of  great  moment,  frojn  tlio  analogy  to  the  case  of  an  action.  The 
]iolicy  of  avoiding  contracts  with  an  enemy,  is  sound  and  wise ;  but 
whore  the  contract  was  originally  good,  and  tiic  remedy  is  only  sus- 


TREATY     OF      94     WITH     ENOL.ANU. 


169 


It  now  remains  to  speak  of  interest,  another  subject  of 
complaint,  on  the  part  of  the  British  .t  was  the  custom  of 
the  English  merchant  before  the  war,  to  allow  the  American 
one  year's  credit,  and,  after  the  expiration  of  that  time,  in- 
terest was  charged.  The  treaty  made  no  provision  for  in- 
terest ;  it  refers  only  to  bona  fide  debts,  and  they  remained 
in  their  ante  bcUum  state.  It  rested,  therefore,  with  the 
courts  aloue,  whether  interest  should  be  allowed.     Wherever 


pendcd,  the  proposition,  that  therefore  the  fund  should  be  lost,  is  very 
different." '  Great  Britain  did  not  meet  her  colonies  in  war  as  she 
would  have  met  an  independent  European  power.  Some  individuals 
were  declared  rebels,  and  a  price  was  set  upon  their  heads  in  pubUc 
proclamations.  Otiiers,  and  in  considerable  numbers,  joined  the 
English,  and  waged  a  cruel  warfare  against  their  own  countrymen. 
The  nature  of  this  contest  would,  therefore,  have  justified  recourse  to 
extraordinary  means  fur  carrying  it  on.  A  peace  to  an  independent 
nation,  even  when  it  is  discomfited,  seldom  costs  more  than  a  colony 
or  a  {gw  square  miles  of  frontier.  But  peace  to  the  Americans  with- 
out independence,  would  have  been  annihilation.  If  England  had 
succeeded,  the  laws  of  war  would  have  justified  her,  not  only  in 
punishing  the  principal  authors  and  actors  in  the  scene,  but  in  confis- 
cating their  property,  in  levying  the  expense  of  tiie  contest  upon  the 
colonies,  and  in  subjeccing  them  to  great  disabilities  in  future.  To 
escape  the  infinite  evils  of  such  a  deplorable  condition,  the  United 
States  would  have  found  ample  apology  in  adopting  many  severer  mea- 
sures than  in  an  ordinary  war  between  two  independent  nations  would 
have  been  tolerated.  The  estates  of  the  royalists  were  confiscated. 
No  blame  can  be  attached  to  this  proceeding.  The  same  reasoning 
does  not  at  all  apply  to  the  "  debts,"  but  different  considerations  would, 
perhaps,  have  warranted  the  confederation  in  refusing  to  make  provi- 
sion for  them.  We  think,  howevor,  that  the  state  legislatures  possess- 
ed no  right  whatever  to  annul  or  conliscaic  debts  due  from  their  own 
citizens  to  the  bona  fide  enemy  nr  Britisii  subject.  All  the  rights  and 
powers  appertaining  to  the  act^  of  u  .w,  peace,  or  of  treaties,  were  con- 
fided to  the  United  States,  in  Coni^ress  assembled.  To  confiscate  the 
property  of  an  enemy,  the  subject  of  a  foreign  government,  is,  there- 
fore, an  act  of  sovereignty,  and  in  regard  to  an  enemy,  the  states  in 
their  separate  capacities  had  no  sovereignty.  The  thirteenth  part  of 
a  nation  cannot  exercise  a  power,  which  belongs  only  to  the  thirteen 
parts  united." 
VOL.    I. 


22 


17b 


TREATY    or    '94    WITH    ENGLAND. 


;,!         F 


it  entered  expressly  into  the  contract,  it,  of  course,  was  paid  ; 
it  was  part  of  the  bona  fide  debt.  If  the  government  could 
not  confiscate  the  debt,  they  could  not  confiscate  the  interest. 
But  in  other  cases,  it  was  the  duty  of  the  jury  to  judge  if 
war,  or  other  circumstances,  would  justify  the  withholding  of 
interest.  The  war  was  one  of  necessity,  and  it  was  thought 
by  those  who  waged  it,  a  just  defence  of  their  precious  rights, 
a  measure  to  which  they  resorted  only  in  the  last  extremity. 
During  hostilities,  the  country  itself,  was  not  only  exposed  to 
the  very  worst  evils  of  that  state  of  things,  but  was  debarred 
from  the  whole  of  its  foreign  commerce  ;  it  was  left  in  a  condi- 
tion of  extreme  poverty.  Should  interest,  therefore,  be  allow- 
ed on  a  debt,  that  could  not  be  paid,  not  solely  on  account  of  the 
poverty  of  the  debtor,  but  in  some  degree  on  account  of  the 
circumstances  that  led  to  that  state  of  poverty  ?  Even  inter- 
course between  the  creditor  and  debtor  was  forbidden  by  the 
acts  of  the  British  Parliament.  Lord  Cacrmarthen  said  in 
conversation  that,  by  the  construction  of  the  law  of  England^ 
it  was  high  treason  in  a  creditor  of  Great  Britain  to  receive 
a  remittance  from  his  debtor  in  America  during  the  war.  In 
assessing  interest,  therefore,  the  circumstances  attending  the 
war  and  the  state  of  the  country  after  the  peace,  might  justly 
be  taken  into  the  account,  and  mitigate  the  amount  allowed. 
Juries  were  compelled  to  exercise  a  discretion  in  apportioning 
it.  The  law,  itself,  in  all  countries  and  the  customs  of  mer- 
chants contemplate  and  exact  a  variety  of  exemptions.  They 
are  all  founded  in  justice  and  common  sense,  and  present  an 
additional  reason  why  such  cases,  as  are  not  accompanied 
with  similar  conditions  or  circumstances,  should  not  be  enti- 
tled to  equ'J  privileges.  We  confess  we  are  not  of  the 
opinion  that  war  necessarily  stops  interest  amongst  traders  or 
merchants,  when  for  a  great  number  of  years  it  has  been  the 
custom  to  allow  it ;  and  if  in  ordinary  warfare,  it  has  become 
the  practice  of  civilized  people,  whatever  may  be  the  law  of 
nations,  not  to  ronfiscate  debts  due  to  individuals,  there  ap- 
pears to  be  no  good  reason  for  confiscating  the  interest, 
when  it  is  equally  the  practice  of  such  people  to  allow  it  in 
their  intercourse  with  each  other. 


TREATY    OF    '94    WITH    ENGLAND. 


171 


Having  already  gone  at  greater  length  into  the  violations 
of  the  treaty  uf  1783  tliuii  we  intended,  we  shall  spare  the 
render  the  details  of  the  intricate  questi^tn,  which  govern- 
ment was  guilty  of  the  fust  violation.  Lut  the  correspond- 
ence on  this  subject  was  attended  with  no  other  result  than 
to  confirm  the  parties  in  their  original  impressions.  England 
refused  to  evacuate  the  posts  till  all  the  impediments  to  the 
recovery  of  debts  were  removed,  and  refused  to  pay  for  the 
slaves  carried  off  by  Lord  Dorchester  on  the  ground,  that  as 
slaves  were  personal  property  by  the  laws  of  the  states,  they 
had  the  same  right  to  them  as  to  any  other  article  of  person- 
al property,  taken  in  the  course  of  the  war.* 

Mr.  Adams  still  remained  at  the  court  of  St.  James,  but 
no  progress  was  made  in  the  negotiation,  nor  did  the  British 
government  return  the  customary  diplomatic  courtesy  of 
sending  a  minister  to  the  United  States,  though  it  was 
thought  necessary  to  give  reasons  for  this  seeming  negli- 
gence.  His  Lordship  (Lord  Caermarthen)  told  me  yester- 
day (June  1786)  "  that  a  minister  plenipotentiary  will  cer- 
tainly be  sent  to  Congress  ; — that  it  was  not  from  any  cold- 
ness or  want  of  respect  for  the  U.  States  that  it  had  not  al- 
ready been  done,  but  merely  from  the  difficulty  of  Inding 
a  proper  person  ;  that  he  had  received  many  applications, 
but  generally  from  persons,  he  was  sure,  would  not  be 
agreeable  to  us."  Congress  again,  in  '87,  sent  instructions 
to  their  minister  to  conclude  a  convention  with  England. 
The  substance  of  part  of  these  instructions  was  afterwards 
incorporated  into  the  treaty  agreed  on  by  Mr.  Jay. 

The  entire  inactivity  and  apathy  of  Mr.  Adams'  position 
were,  in  the  autumn  of  '87,  relieved  by  some  slight  warlike 
symptoms  in  Europe,  which,  for  the  moment,  passed  off  in 
menaces,  but  the  train  was  laid.  It  is  quite  remarkable, 
how  singularly  the  American  and  French  Revolutions  were 
combined,  and   upon  what  highly  charged  mines  stood  the 

*  Before  Bryan  Edwards'  act  of  '97,  to  repeal  the  act  making  ne- 
groes, "real  assets,"  slaves  iii  all  the  British  West  India  islands  were 
chattels. 


TREATY    OF    '94    WITH    ENGLAND. 


'.■:  •)■ 


negotiators  of  the  general  peace  of  *83.  The  former  was 
ccrlahily  disconnected  with  any  lOuropean  causes  or  move- 
ments ; — it  sprung  solely  from  the  colonies  themselves  ;  but 
the  French  Revolution  belonged  to  a  regular  series,  and 
formed  the  second  event  in  that  course  and  progress  of  hu- 
man afl'airs.  The  distant  and  faint  approaches  of  the  war 
were  distinctly  discerned,  and,  as  is  the  case  in  most  terri- 
ble calamities,  there  were  moments,  when  the  fatal  signs  dis- 
appeared, and  men  persuaded  themselves,  that  they  had 
yielded  too  hastily  to  a  propensity,  somewhat  common  to 
human  nature.  In  1787,  the  Parliament  of  Paris  cried 
aloud  for  the  States  General,  dissensions,  accrmpanied  with 
blood-shed,  broke  out  in  Holland,*  and  the  ambitious  designs 
of  Catharine  on  Turkey  developed  themselves.  On  a  tri- 
umphal arch  at  Chcrson  in  the  Crimea,  under  which  the 
Empress  and  her  oriental  train  passed  in  their  gorgeous 
progress  into  the  East,  Potcmkin  caused  to  be  inscribed, — 
*'  This  is  the  road,  that  leads  to  Hyzantium," — an  inscrip- 
tion, that  a  Roman  might  well  have  written  ;  and  though 
that  invisible,  indescribable  agent,  the  balance  of  power,  has, 
hitherto,  stood  with  a  flaming  sword  on  that  highway,  yet, 
we  believe,  the  legend  of  the  arch  at  Cherson  has  disturbed 
the  dreams  of  every  crowned  head  in  Europe  from  that  hour 
to  the  present. 


*  ' 


*  No  doubt  can  exist  tlmt  these  disturbances  were  fornionted  by 
France.  We  liuve  met  with  a  letter  (March  15,  178G,)  from  M.  de 
Vergennes  to  the  French  minister  at  tiic  Hague,  M.  de  Verac,  per- 
fectly explicit  and  satisfactory  on  this  head  ; — it  is  as  follows  :  "  The 
King  will  concur,  u  =  far  as  he  can,  towards  tlio  success  of  this  matter, 
and  you  will  request  on  his  part,  the  patriots  to  conununicate  their 
plans,  views  and  wishes  ;  they  may  rely  on  his  j)rotection  ;  they  may 
depend  on  this  the  more,  as  we  do  not  pretend  to  dissemble,  that  if 
the  stadfholder  recovers  his  former  influence,  the  Knglish  system  will 
not  fail  to  prevail.  The  Kiusi;  authorizes  ycu  to  act  in  concert  Avith 
the  patriots.  It  is  to  be  presumed  that  this  language,  supported  with 
energy,  will  impose  on  the  audacity  of  tlui  ''.nglonianians,  and  that  the 
Prince  of  Nassau  will  apprehend  some  risk  by  provoking  the  rcsent- 
}ucnt  of  his  Majesty." 


*' 


TREATY    OV    '91    WITH    EIVOT.AND. 


173 


In  October  17H7  Mr.  Adams  wrote  to  the  Government, — 
"  It  is  my  duty  to  be  explicit  on  this  subject  (the  prospect 
of  a  war  in  Europe)  and  to  say,  that  though  the  British 
Government  may  pictcnd  atid  even  sincerely  endeavour  to 
avoid  a  quarrel  with  the  United  States,  at  the  commence- 
nient  of  the  war,  yet  if  they  should  obtain  any  signal  suc- 
cess at  first,  which  is  not  improbable,  there  will  arise  such  a 
spirit  of  domination  in  the  nation  as  will  stimulate  hostilities 
against  us."  The  warlike  preparations  of  France  and  Eng- 
land were  discontinued  the  same  autumn,  but  the  flights  of 
the  raven  were  still  a  sinistra  cornu,  and  those  fearful  indi- 
cations, portending  terrible  disasters,  so  well  known  to  peo- 
ple, who  live  in  countries,  subject  to  great  natural  convul- 
sions, were  observed  oil  along  the  political  horizon.  At 
length,  the  sides  of  the  earth  opened,  and  this  country,  re- 
lieved from  the  dangers  of  war,  began  her  great  course  of 
prosperity. 

Having  brought  Mr.  Adams'  mission  to  a  close,  we  shall 
give  an  account  in  his  own  words  ol  his  last  acts  in  Eng- 
land— 

"Dec.  '87 — No  answer  has  yet  been  maile  to  any  of  my  letters 
or  memorials  to  the  minister,  nor  tlo  I  expect  that  any  thing  will 
be  done,  while  1  stay.  There  are  reports  of  an  intention  to  send 
a  minister  to  iis,  and  a  Mr.  Lislon,  now  at  Madrid,  is  mentioned.  But 
nothing-  has  been  said  (o  me  on  the  subject  for  some  time." 

"  Feb.  1788 — At  the  last  conference.  Lord  Caermarthen  expressr 
ed  a  wish,  that  this  country  had  some  sort  of  a  treaty  of  commerce 
with  the  United  States,  that  it  might  no  longer  be  necessary  to  take 
new  measures  from  time  to  time.  His  Lordship  also  said,  "I  pre- 
sume, Mr.  Adams,  that  the  states  will  immediately  adopt  the  new 
constitution.  I  have  read  it  with  pleasure — it  is  well  drawn  up." 
All  this  was  to  signify  to  mo,  what  has  all  along  been  intimated, 
that  there  is  not,  as  yet,  any  national  government,  but  as  soon  as 
there  shall  be,  the  British  Court  will  treat  with  us.  On  this  sub- 
ject, France  and  Holland  furnish  as  many  arguments  as  England. 
If  thai  constitution  is  not  adopted,  Mr.  Jefferson  must  soon  follow 
my  example,  and  return  homo,  and  what  will  be  the  consequence 
of  all  li  e  clamour  of  all  the  ollicers  in  France,  who  are  creditors. 


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TREATY    OF    '94    WITH    ENGLAND. 


I  m 


I: 


of  all  the  notables,  who  tnn)'  be  plensed  to  cnst  reflections,  and  of 
all  our  creditors  in  Holland,  for  want  of  payment  of  interest  and 
principal,  as  they  become  due,  must  be  left  to  every  American 
citizen  seriously  to  consider." 

"Feb.  21, '88 — Yesterday  I  had  my  audience  of  leave  of  his 
Mfijesty.  The  substance  of  my  address  to  his  Majesty  was  no  more 
than  a  renewal  of  assurances,  in  behalf  of  the  United  States,  of 
their  friendly  dispositions,  and  of  their  continual  desire  to  cultivate 
a  friendly  and  liberal  intercourse  of  commerce — thanks  for  his 
protection  and  civilities  of  his  Court,  and  good  wishes  of  prosperity 
to  his  Majesty  and  his  Royal  Family,  his  subjects  and  dominions. 
The  King's  answer  was  in  these  words, — "  You  may,  with  great 
truth,  assure  the  United  States,  that  whenever  they  shall  fulfil  the 
treaty  on  their  part,  I,  on  my  part,  will  fulfil  it  in  every  particular. 
As  to  yourself,  1  am  sure,  I  wish  you  a  safe  and  pleasant  voyage, 
and  much  comfort  with  your  family  and  friends." 

We  have  now  reached  the  period,  when  the  confederation 
was  about  to  be  dissolved.  In  the  way  of  a  treaty,  nothing 
was  done  with  England  by  that  body  after  1783,  and  we 
shall  see,  that  was,  in  reality,  the  last  treaty  concluded  by 
the  confederation  with  any  European  state.  The  Federal 
/constitution  was  established  in  the  year  '89  with  such  pow- 
ers as  necessarily  removed  most  of  the  objections  made  to 
the  confederation,  though  this  circumstance  does  not  appear 
to  have  produced  any  effect  on  Great  Britain.  That  gov- 
ernment, perhaps,  thought  it  prudent  to  wait  till  the  expert* 
ment  of  the  stability  of  the  second  union  was,  in  some  de- 
gree, tried.  We  cannot  suppose  England  was  still  indiffe- 
rent to  a  commercial  arrangement,  though  it  will  readily  oc- 
cur, that  just  at  the  same  moment  a  revolution  was  termina- 
ted In  the  new  world,  another,  that  led  to  a  more  immediate 
and  extensive  temporary  derangement  of  society,  broke  out 
in  one  of  the  most  accomplished  nations  of  the  old.  It 
seemed  doubtful  in  which  of  these  Revolutions  Great  Britain 
was  most  interested.  As  our  relations  with  England  were 
more  affected  than  with  any  other  power  by  the  establish, 
ment  of  the  Federal  Government,  we  shall  take  this  oppor- 
tunity to  introduce,  from  a  letter  of  the  Secretury  of  State, 


TREATY  OF  '94  WITH  ENGLAND. 


175 


Mr.  E.  Randolph,  written  in  August  1794  to  one  of  our 
ministers  abroad,  some  general  remarks,  on  the  political  state 
of  things  in  this  country,  during  the  second  term  of  the  first 
administration  :  .  ^ 

"  The  parties,  which  originally  sprung  from  the  constitution,  when 
first  proposed  for  discussion,  seem  to  have  been  long  ago  extin> 
guished,  and  the  names  of  federalist  and  nntifcderalist  are  hardly 
ever  pronounced  to  signify  existing  divisions  of  sentiment.  But 
party,  itself,  cannot  be  said  to  be  effaced.  Some  leading  men  en- 
tertain deep  rooted  suspicions  of  others  ;  these  appear  in  their 
conduct  and  declarations,  mutual  charges  of  designs  to  reduce  the 
government-to  iropotency,  and  to  exalt  it  to  a  very  high  tone,  are 
too  often  heard,  and  a  geographical  distinction  begins  to  prevail 
between  the  political  opinions  of  the  South  and  North.  Its  issue 
cannot  be  foreseen :  the  particulars  and  names,  connected  with 
these  jealousies,  and  the  charges  of  improper  designs  on  the  one 
side  and  the  other,  you  will  not  expect  me  to  specify.  I  have  ventur- 
ed to  say  thus  much,  merely  because  you  ought  to  know  it,  and  be- 
cause this  information  will  serve  as  a  clue  to  many  points  of  intel- 
ligence, which  may  reach  you.  I  will  only  add,  that  it  would  be  a 
source  of  happiness  to  me,  if  I  could  persuade  myself,  that  parties 
in  a  combined  Government  like  ours,  would  be,  as  they  are  in 
some  separate  Governments,  nothing  more  than  sentinels  over 
each  other,  and  incapable  of  convulsing  the  machine."  ^^ " 

"  The  energy  of  the  Government  is  considerable, — confidence,  in 
the  integrity  and  wisdom  of  Mr.  Washington  is,  of  itself,  a  bulwark 
to  his  administration,  although  it  has  been  often  criticised  and 
roughly  handled.  But  in  the  Legislative  acts,  and  particularly  in 
those,  which  authorize  the  President  to  draw  forth  the  militia  in 
case  of  insurrection,  and  the  land  and  naval  forces  in  certain  other 
cases,  he  possesses  considerable  resorJs  of  power." 

"  Our  revenues,  not  a  shilling  of  which  are  drawn  from  a  land  tax, 
are  adequate  to  all  the  objects,  for  which  they  have  been  collected, 
whether  we  contemplate  the  stipulations  for  the  foreign  debt,  the  do- 
mestic debt,  or  other  articles  of  internal  expenditure.  Punctuality  in 
payment  has  rendered  a  just  claim  on  the  United  States  estimable  in 
the  eyes  of  every  body.  Our  stocks,  indeed,  fluctuate,  as  the  stocks  of 
every  other  country  ;  but  their  stability  is  evidenced  in  their  very 
fluctuation.     For  notwithstanding  the  great  distance  between  the 


176 


TREATY    OF   '94    WITH   ENGLAND. 


1 1 


price,  to  which  they  were  once  by  various  artifices  ioflated,  aod  to 
which  they  once  fell,  must  have  impressed  the  world  very  un- 
favourably— notwithstanding  at  every  session  of  Congress  hostility 
is  shown  to  the  funded  debt — notwithstanding  immense  bankrupt- 
cies have  occasionally  brought  immense  quantities  of  it  to  market, 
those,  who  could  afford  to  live  upon  the  interest  of  their  capital, 
have  been  extremely  easy  in  having  their  property  vested  in  stock 
— In  short,  the  funded  debt  is,  in  my  opinion,  as  stable  as  the  Gov- 
ernment itself." 

"  At  the  time,  when  Mr.  Genet  was  in  his  inflammatory  course,  he 
prompted  the  erection  of  certain  societies,  called  democratic.  No 
doubt  he  was  led  to  the  idea  by  the  remembrance  of  those  institu- 
tions, which  have  so  eflicaciously  turned  the  wheel  of  French  poli- 
tics. At  first,  little  notice  was  taken  of  these  democratic  societies, 
but  they  have  certainly  since  multiplied,  and,  with  great  censorial 
boldness,  have  struck  at  men  and  measures.  By  what  means  they 
have  increased  in  number  and  vigour  is  a  matter  of  speculation, 
some  thinking,  that  they  have  been  fostered  by  the  apprehensions, 
which  have  been  expressed  of  them ;  others,  that  the  progress  of 
public  discontent  has  produced  the  effect ;  others,  that  the  pride 
of  being  guardians  of  liberty  has  enlisted  many  in  the  corps.  It 
has  been,  even,  expressed  by  some  intelligent  men,  that  sooner 
or  later  they  will  shake  the  Government,  and  it  is  supposed  that 
some  disquietude  has  been  caused  by  their  influence.  It  is  sup- 
posed by  others,  equally  intelligent,  that  their  right  to  assemble 
cannot  be  questioned  ;  that  although,  while  Government  is  clearly 
in  the  hands  of  the  people,  who  may  mould  it  as  they  will,  no  self 
constituted  body  should  undertake  to  direct  its  movements — the 
people,  if  happy,  will  check  their  excesses.  Another  description 
of  men  go  further,  and  frequently  urge  in  argument  the  operations 
of  the  democratic  societies,  as  reasons  for  adding  force  to  the  ex- 
ecutive arm." 

Mr.  Adams,  having  been  elected  Vice  President  under 
the  new  constitution,  left  London,  and  was  succeeded  in  that 
mission  in  1789,  by  Gouverneur  Morris  of  New  Jersey,  as 
comiuissioner.  In  the  course  of  the  year  '91,  George  Ham- 
mond arrived  in  this  country,  as  minister  plenipotentiary 
from  Great  Britain.  Mr.  Hammond  was  the  first  diplomatic 
agent  sent  by  England  to  America,  but  he  was  not  provided 


TREATY  OF  '94  WITH  ENGLAND. 


177 


with  powers  to  conclude  a  definitive  arrangement.  He  was 
merely  authorized  to  discuss  and  adjust  the  principal  {.jints, 
preliminary  to  a  final  settlement.  This  limited  power  was 
matter  of  just  complaint.  In  '92,  Thomas  Pinckncy,  of 
South  Carolina,  was  appointed  Minister  Plenipotentiary  to 
Great  Britain.  This  period  is  rendered  exceedingly  impor> 
tant  in  the  diplomatic  history  of  the  country  by  the  extraor- 
dinary condition  of  Europe.  It  was  the  beginning  of  a  sys- 
tem of  blockades,  and  oppressive  acts  committed  by  the  bel- 
ligerents, that,  together  with  incalculable  mischief  to  the 
trade  of  the  United  States,  inflicted  a  serious  wound  upon 
the  prosperity  of  the  country,  and  in  the  end  led,  after  an 
interval  of  nearly  twenty  years  unprofitable  negotiation,  to  a 
war  with  Great  Britain.  We  shall  confine  ourselves  in  this 
chapter  solely  to  the  proceedings  of  that  government ;  the 
public  acts  of  France,  being  mentioned  in  their  proper 
place. 

In  the  spring  and  summer  of  '93,  Great  Britain,  Russia, 
Spain,  Prussia,  and  the  emperor  of  Germany,  made  a  treaty 
for  the  purpose,  among  other  things,  of  closing  their  ports, 
''and  prohibiting  the  exportation  of  all  military  or  naval 
stores,  corn,  grain,  and  provisions  from  their  ports,  for  the 
ports  of  France."  They  further  engaged,  "  to  take  all  other 
measures  in  their  power  for  injuring  the  commerce  of  France," 
to  unite  all  their  efforts  "  to  prevent  other  powers,  not  im- 
plicated in  this  war,  from  giving,  on  this  occasion  of  common 
concern  to  every  civilized  state,  any  protection  whatever, 
directly  or  indirectly,  in  consequence  of  their  neutrality,  to 
the  commerce  or  prosperity  of  the  French,  on  the  sea  or  in 
the  ports  of  France."  The  only  one  of  these  powers,  pos- 
sessing, at  all,  the  means  of  executing  this  treaty  on  the 
ocean,  was  Great  Britain.  And  whether  in  retaliation  of  the 
French  order  of  May  9th  of  the  same  year,  or  for  purposes 
mentioned  in  the  treaty  above  referred  to,  that  government 
issued,  on  the  8th  of  June  '93,  additional  instructions  to  all 
public  and  private  armed  vessels  under  its  flag.  We  shall 
give  the  substance  of  this  order  : — 

'■'■  It  shall  be  lawful  to  stop  and  detain  all  vessels  loaded  wholly, 

VOL.    I.  23 


178 


TKKA.TY  OF  '94  WITH  ENGLAND. 


or  in  part  with  com,  flour,  or  meni,  bound  to  noj  port  in  France, 
or  to  any  port  occupied  by  the  armies  of  France,  and  to  send  them 
to  such  ports  as  shall  be  most  convenient,  in  order  that  such  corn, 
meal,  or  flour  may  be  purcliased  on  behalf  of  his  majesty^s  govern- 
ment, and  the  ships  be  released  after  such  purchase,  and  after  due 
allowance  for  freight,  or  that  the  masters  of  such  ships,  on  giving 
due  security,  to  be  approved  of  by  the  court  of  admiralty,  be  per- 
mitted to  proceed  to  dispose  of  their  cargoes  of  corn,  meal,  or 
flour,  in  the  ports  of  any  country  in  amity  with  his  majesty.'' 

A  question  immediately  arose  on  this  instruction,  not  only 
whether  provisions  were  contraband  of  war  at  all,  but  whe- 
ther the  doctrine  could  be  applied  to  a  whole  country, 
particularly,  one  of  the  extent  of  France.  This  discussion, 
in  the  actual  circumstances  of  the  United  States,  whose  ex- 
ports at  that  period  consisted  so  much  in  the  produce  of  their 
own  soil,  assumed  an  uncommon  degree  of  importance.  Th& 
articles,  heretofore  laid  down  as  contraband  of  war,  were  not 
numerous ; — in  most  treaties  they  are  specifically  enumerated,, 
and  by  writers  on  the  laws  of  nations,  have  generally  been  con- 
fined to  the  particular  object  of  carrying  on  war,^^ — such  artidea 
as  come  under  the  general  denomination  of  military  stores. 
These  have  increased  in  number  as  the  art  of  war  has  be- 
come more  perfect ;  but  the  variety  and  quality  depend  on 
conventional  law,  and  not  on  the  primitive  laws  of  nations^ 
Neither  does  the  interest  or  policy  of  nations  indicate  con- 
trabands with  certainty ;  for  the  policy  of  nations  is  seldom 
permanent.  On  the  other  hand,  treaties  contain  only  the 
regulations  of  states  that  are  parties  to  them-  And  as  to 
these  instruments,  it  is  to  be  observed,  that  treaties  of  an 
ancient  date  do  not  mention  specifically  merchandise  that 
shall  be  denominated  contraband.  But,  from  about  1650,*^ 
there  are,  we  believe,  few  treaties  on  commerce  and  navi- 
gation, which  do  not  prohibit  the  carrying  of  military  or  war- 
like weapons  to  a  port  or  town  of  the  enemy  of  one  of  the 
contracting  parties.  This  prohibition  had  become,  by  that 
time,  matter  of  very  general  inter-national  Uw>  and  was  in- 


*  Martens. 


TRVATY   OF   '94   WltH  BWOLAITD. 


179 


troduced  in  a  variety  of  shapes  and  under  numerous  niodifi- 
cations.  It  is,  also,  evident  that  provisions  were  early  made 
a  subject  of  conventional  law ;  a  fact  at  once  ascertained  by 
examining  the  collection  of  treaties.  But  it  is  equally  evi- 
dent that  they  are  far,  indeed,  from  being  placed  on  the 
same  footing  as  military  or  naval  stores,  though  in  the  cele- 
brated treaty  of  Utrecht,  in  1713,  between  France  and  En- 
gland, *<  naval  stores  even  were  declared  free  of  war."  On 
this  occasion  the  conduct  of  England,  both  on  account  of  her 
power  on  the  ocean,  and  as  having  been  the  author  of  the 
instructions  of  June  8th,  is  particularly  worthy  of  notice. 
We  have  treaties  on  record  between  that  state  and  the  Unit- 
ed Provinces  in  1645, — with  France  in  1667  and  1668, — 
with  Spain  in  1713, — with  Denmark  in  1782, — and  with 
Russia  in  1804, — peculiarly  the  last  act  of  the  second  arm- 
ed neutrality,  in  which  provisions  are  by  name  excluded  from 
the  list  of  contraband.*  The  authority  of  England  is, 
therefore,  in  itself  sufficient  to  prove  that  provisions  are  not 
rigidly  contraband  by  conventional  law.  In  the  ordinary  in- 
cidents of  war,  provisions  form  only  an  article  of  trade,— a 
very  important  one,  it  is  true ;  but  there  would  seem  to  be 
almost  as  much  propriety  in  subjecting  three-fourths  of  the 
whole  trade  of  neutrals  to  the  same  liabilities.  Every 
commodity,  employed  in  the  manufacture  of  clothing,  may, 
on  the  same  ground,  be  declared  a  contraband.  Indeed, 
such  is  now  the  perfection  of  the  art  of  war,  such  a  vast 
variety  of  articles  enter  into  the  proper  disposition  of  a  mili- 
tary armament,  we  know  not  what  limit  could  be  assigned  to 
this  description  of  merchandise.  We  are  well  aware  that 
contrabands  cannot  be  specifically  defined  with  such  distinct- 
ness in  treaties  as  to  meet  all  possible  cases. 

•  "  The  catalogue  of  contrabands,"  says  Sir  William  Scott,  "  has 
varied  very  much,  and,  sometimes,  in  such  a  manner  as  to  make  it 
very  difficult  to  assign  the  reason  of  the  variations,  owing  to  par- 
ticular circumstances,  the  history  of  which  has  not  accompanied 
the  history  of  the  decisions."     But  the  definition  appears  broad 

*  Martens.  ^     '  ' 


180 


TREATY    OP    '94   WITH   CKOLAND. 


and  liberal  enough,  that  an  article  is  contraband  of  war,  which 
can  immediately  bo  employed  for  the  purposes  of  war.  "  The 
king  having,  by  his  prerogative,  the  power  to  promulgate  who  are 
his  enemies,  is  bound  to  watch  over  the  safety  of  the  state ;  he  may, 
therefore,  make  new  declarations  of  contraband,  when  articles 
come  into  use,  as  implements  of  war,  which  were  before  innocent ; 
this  is  not  the  exercise  of  discretion  over  contraband ;  the  law  of 
nations  prohibits  contraband,  and  it  is  the  usus  bellici,  which,  shift- 
ing from  time  to  time,  make  the  law  shift  with  them.  The  great- 
est difliculty  seems  to  have  occurred  in  the  instance  of  provisions, 
which  have  not  \jfien  held  universally  contraband,  though  Vatlel 
admits  that  they  become  so  on  certain  occasions,  when  ^hcrc  is  an 
expectation  of  reducing  the  enemy  by  famine.  In  modern  limcp,  one 
of  the  principal  criteria,  adopted  by  the  courts  for  the  decision  of 
the  question,  whether  any  particular  cargo  of  provisions  be  con- 
fiscable <is  contraband,  is  to  examine  whether  those  provisions  be 
in  a  rude  or  iu  a  manufactured  state.  For  all  articles,  in  such 
examinations,  are  treated  with  greater  indulgence  in  their  native 
condition,  than  when  (hey  are  wrought  up  for  the  convenience  of 
the  enemy's  immediate  consflmption."  '    ''"    ^  »"'"   («!*  "i^ 

Lfatterly  the  practice,  when  asserted  at  all,  has  been  un- 
doubtedly a  more  mitigated  one,  a  certain  proof  the  bellige- 
rent was  not  wholly  confident  of  his  right  to  confiscate.  The 
belligerent  has  exercised  the  right  of  pre-emption  only, — a 
right  of  purchase,  with  a  reasonable  compensation  to  the  in- 
dividual, whose  property  has  been  diverted  by  the  act  of  the 
belligerent,  from  its  original  destination.  This  is  a  less  evil 
than  absolute  confiscation,  but  is  attended  with  great  incon- 
venience and  distress  to  the  neutral.  Separate  from  the 
circumstance  of  having  the  enterprize  disturbed  or  defeated, 
the  neutral  is  compelled  to  accept  such  a  price  for  his  pro- 
visions as  the  belligerent  may  choose  to  allow.  If  the 
belligerent  believes  he  is  exercising  a  just  right  of  war  in 
arresting  the  neutral,  he  may,  on  the  same  presumption,  re- 
fuse to  allow  such  a  price  as  the  market  of  the  port,  to  which 
he  was  bound,  might  indicate.  That  would  probably  be  a 
high  price,  caused  by  great  suffering,  perhaps  even  famine. 
Still,  the  consideration  of  this  price  may  be    the  only  thing 


TREATY  OP  '94  WITH  ENGLAND. 


181 


that  induces  the  neutral  to  undertake  the  voyage.  Another 
difficulty  will  arise  concerning  the  character  of  the  port  to 
which  the  vessel  is  bound.  This  should  justly  have  great 
weight  on  the  character  of  the  cargo.  The  port  may  be  one 
of  general  commerce;  and  the  provisions  may  not  be  intend- 
ed for  military  uses.  Still,  the  cargo  is  at  the  mercy  of  the 
belligerent,  and  whether,  subject  to  the  right  of  pre-emption 
or  that  of  confiscation,  the  belligerent  will  exercise  his  dis- 
cretion in  judging,  r  '     -     ' 

This  is  the  right  of  preemption,  considered  as  applied  to 
a  single  port  or  station.  But  in  the  instructions  of  the  8th  of 
June,  provisions  bound  to  any  port  of  a  vast  territory,  were 
held  subject  to  the  same  right  on  the  part  of  the  belligerent. 
There  can  be  but  one  ground  for  asserting  this  pretension,  a 
well  founded  expectation  of  reducing  a  whole  country  to 
terms  by  means  of  famine  ;  an  idea  formerly  very  general, 
but  after  the  experience  of  the  last  thirty  years,  few  persons, 
we  presume,  imagine  it  is  now  practicable  to  starve  an  en- 
tire nation.  The  experiment  has  failed  even  in  relation  to 
small  islands.  As  it  respects  the  particular  state  against 
which  the  instructions  were  directed,  no  undertaking  could 
be  more  extraordinary  or  visionary  ;  one  of  the  richest,  best 
cultivated,  most  fertile,  and  most  extensive  countries  of  the 
old  world,  with  a  large  population,  exceedingly  temperate 
and  industrious,  surrounded  by  other  countries  equally  fertile 
and  productive, — a  country,  where  provisions  have  always 
been  remarkably  cheap,  and  in  v/hich,  at  the  moment  the  or-< 
der  was  issued,  bread,  and  every  article  •  *V»od,  was  cheap-* 
er  than  in  England.^  We  need  not  say,  i  at  in  such  a  situ- 
ation it  would  have  required  a  great  many  years  to  have 
reduced  France  to  reasonable  terms  of  peace.  A  new  opera- 
tion in  war  to  starve  30,000,000  of  people,  men,  women  and 
children  !f      France  was  in  greater  danger  of  famine  in  1709 


*  The  order  comprehended  only  corn,  meal  and  flour,  subject  to  n 
right  of  preemption.     Rice  was  excluded. 

t  The  French  government  viewed,  with  great  indignation,  this  at- 
tempt of  England  to  reduce  them  by  famine.  They  thus  speak  of  it  in 
a  decree  on  commerce  and  navigation.    "  France  blockaded  !    Thus 


?S 


m 


182 


TREATY     OF    *94     WITH     ENGLAND. 


than  in  1793.  But  Great  Britain  did  not  then  think  it 
worth  while  to  resort  to  the  expedient  of  declaring  provi- 
sions contraband.  The  English  government,  moreover, 
protested  against  this  doctrine  when  Frederick  IV.,  king  of 
Denmark,  undertook  to  put  it  in  practice  against  Sweden. 

The  provisions  shipped  for  France  at  the  beginning  of  the 
revolution,  were  in  the  accustomed  course  of  trade.  The 
United  States,  even  now  an  agricultural  nation,  were  at  that 
time  more  so  in  proportion  to  their  wealth  ;  the  provision 
trade,  in  any  shape,  was  of  great  moment ;  and,  in  the  most 
favourable  point  of  view,  it  was  the  exercise  of  uncommon 
power  in  a  belligerent  to  disturb  and  control  so  important  a 
branch  of  the  commerce  of  a  neutral.  America,  it  is  true, 
had  no  commercial  treaty  with  Great  Britain  ; — she  had  no 
treaty  in  which  contrabands  were  enumerated,  though  in  the 
treaties  made  with  France,  Holland,  and  Sweden,  not  an  ar- 
ticle had  been  added  to  the  catalogue  of  contrabands,  and  in 
the  convention  with  Prussia,  military  stores  were  not  even 
forfeited. 

Though  exceedingly  urged  and  solicited  by  the  United 
States,  Great  Britain  made  no  alteration  in  her  maritime  sys- 
tem.    Indeed,  we   may  truly  say,  that  she   manifested  no 

spoke  of  Rome,  before  their  just  destruction,  those  men  of  Punic  faith, 
the  ambitious  and  mercantile  Carthaginians.  France  blockaded  ! 
Nay,  if  it  were  possible  to  reduce  her  to  the  confined  limits  of  a  single 
port,  of  a  single  garrisoned  city,  the  French  nation  would  then  sally 
out  of  its  limits  by  a  bridge  from  Calais  to  Dover,  and,  landing  with 
its  liberty  on  the  British  territory,  too  long  fertilized  by  our  spoils,  the 
heads  of  George  and  Pitt  would  fall  at  the  feet  of  those  Englishmen, 
who  should  feel  themselves  worthy  of  liberty,  and  the  English  island 
would  raise  at  our  side  another  republic,  or  become  a  desert.  But  in 
order  to  establish  this  bridge,  let  us  construct  a  revolutionary  commu- 
nication with  this  modern  Carthage,  who,  after  having  drained  India, 
wishes,  at  her  pleasure,  to  give  constitutions  to  Europe.  Let  us  de- 
,  cree  a  solemn  act  of  navigation,  and  the  mercantile  island  will  be  ru- 
ined. Let  Carthage  be  destroyed !  Thus  did  Cato  conclude  all  his 
speeches  in  the  Roman  senate !  Let  England  be  ruined,  annihilated. 
This  shall  be  the  concluding  article  of  every  revolutionary  decree  of 
the  National  Convention  of  France." 


Tt     ATY     or     '94     WITH     KNOLAND. 


188 


Other  friendly  feeling  than  resulted  from  the  barren  act  of 
exchanging  a  minister.  This  was  done  late  in  the  negotia- 
tion ;  and  it  appeared,  that  the  individual  employed  in  the 
business,  was  merely  to  conduct  a  correspondence,  that  led 
to  a  vast  deal  of  mutual  reproach  and  recrimination  between 
the  two  governments.  From  that  year  to  the  signing  of  the 
treaty,  Great  Britain  issued  various  additional  orders  and  in- 
structions under  the  dates  of  Nov.  G,  '93,  Jan.  8,  '94,  Jan. 
25,  March  18  and  August  18,  '94.*     One  of  those  instruc- 

*  "  1793,  November  Gth.  Tlio  British  commanders  were  directed 
to  detain  all  nciitrni  vcsBels  laden  with  the  produce  of  the  French  co- 
lonies, and  all  vessels  carrying  provisions  or  other  supplies  to  said 
colonies." 

"  1794,  Jan.  8th.  The  order  bsuod  on  the  Gth  of  November,  1793, 
was  revoked,  new  regulations  were  adopted,  pursuant  to  which,  all 
vessels  laden  with  merchandise  of  the  French  West  India  colonies, 
and  going  from  the  said  colonies  to  any  port  in  Europe,  were  brought 
in  for  adjudication.  Vessels  laden  with  merchandise,  as  aforesaid, 
were  ordered  to  be  brought  in,  to  whatever  port  they  might  be  bound; 
provided  the  merchandise  was  the  property  of  any  French  subject. 
All  vessels  attempting  to  enter  the  blockaded  ports  of  said  colonies 
were  seized,  and  all  such  as  had  on  board  naval  and  military  stores, 
bound  to  their  ports,  were  brought  in  for  adjudication." 

'*  1794,  January  25th.  The  instructions  issued  on  the  8th  instant, 
were  revoked.  In  future,  all  vessels,  laden  with  the  produce  of  any 
island  or  settlement  belonging  to  France,  Spain,  or  the  United  Pro- 
vinces, and  coming  directly  from  any  port  thereof  to  any  port  in  Eu- 
rope, not  being  a  port  of  Great  Britain,  nor  a  port  of  that  country  to 
which  such  ships,  being  neutral  ships,  belonged,  were  brought  in  for 
adjudication.  All  vessels,  having  on  board  the  property  of  the  sub- 
jects of  the  enemies'  countries  aforesaid,  to  whatever  port  they  might 
be  bound,  were  directed  to  be  brought  in  as  aforesaid.  All  vessels 
attempting  to  enter  the  blockaded  ports  aforesaid,  and  all  such  as  had 
on  board  military  or  naval  stores,  were  seized  and  brought  in." 

"  1794,  March  18th.  The  French  West  India  islands  were  declared 
to  be  in  a  state  of  blockade." 

"  1794,  August  18.  The  instructions  dated  8th  June,  1793,  were 
revoked.  Henceforth  all  ships  laden  with  corn,  flour  or  meal,  destin- 
ed for  French  ports,  were  brought  in  for  adjudication,  without  any 
purchase  of  their  cargoes  being  made  on  behalf  of  the  British  govern- 
ment." 

This  concludes  the  list  of  orders  or  instructions  to  the  treaty  of '94. 


« 


184 


TREATY    or     *94     WITH     KNGLAND. 


tions  involved  a  principle  in  maritime  law,  extremely  perni- 
cious to  neutral  countries,  owning  a  great  tonnage, — a  prin- 
ciple fatal  to  the  carrying  trade,  and  one  that,  since  1756, 
had  not  been  revived  to  a  great  extent.  In  that  year  it  was 
first  generally  established,  and  is  now  commonly  known  by 
the  title  of  the  rule  of  the  war  of  '56.  The  rule  forbids 
neutrals  to  carry  on,  in  time  of  war,  a  trade,  interdicted  to 
them  in  time  of  peace.  This  defmition  comprehended  the 
whole  and  the  strict  right  claimed  by  the  belligerent.  Re- 
laxations of  it  have  at  ditfcrcnt  periods  taken  place,  particu- 
larly in  the  year  preceding  the  treaty,  signed  by  Mr.  Jay. 
We  have  inserted  those  relaxations  in  a  note,  intending, 
hereafter,  to  enter  at  large  into  an  examination  of  the  rule 
itself. 

The  people  of  the  United  States  were,  at  this  period,  un- 
commonly excited.  A  strong  disposition,  naturally  awaken- 
ed by  the  state  of  affairs  in  Europe,  developed  itself  to  form 
an  alliance  with  France.  Relieved  from  the  pressure  of 
their  own  domestic  difficulties  and  embarrassments,  and  in- 
dependence secured  beyond  the  possibility  of  danger,  all  the 
passions  of  the  people  were  left  free  to  indulge  in  an  exag- 
gerated sympathy  for  the  progress  of  the  French  revolution. 
Every  circumstance,  to  excite  the  deepest  concern  of  a  whole 
nation,  existed,  with  remarkable  emphasis,  in  this  case. 
The  Americans  regarded  that  event,  not  only  with  the  eager 
feelings  and  profound  interest  of  propagandists — of  the  au- 
thors of  a  new  political  faith,  but  with  the  sincere  affection 
and  intense  anxiety  of  brethren,  viewing,  at  a  distance,  the 
struggle  and  sufferings  of  a  people,  to  whom  they  were  them- 
selves recently  under  great  obligations,  now  contending  in 
mortal  combat  for  liberty  and  life.  For  more  than  twenty 
years,  America  had  been  in  a  state  of  extreme  agitation;  all 
the  different  passions,  of  which  man  is  susceptible,  had  been 
brought  into  constant  and  intense  action  ;  at  one  time  direct- 
ed to  the  disasters  and  devastations  of  war,  then  absorbed  by 
a  contemplation  of  the  poverty  and  miseries  and  real  dangers 
of  the  country,  finally  at  peace  ;  and,  at  last,  engaged  in  a 
discussion  of  the  abstract  provisions  of  a  constitution,  which 


mrATY   or  'Oi   witw   KHoLAwn. 


185 


will  be  nccofnpnnic*!  in  history  with  the  unrivalled  praise  of 
presenting  the  fullest  development,  yet  known,  of  the  virtues 
and  faculties  of  man.  Every  motive  to  domestic  excitement 
had  censed,  and,  before  men  had  time  to  fall  into  the  quiet, 
soothing  habits  of  regular,  uniform  industry  and  occupation, 
the  whole  violence  of  all  their  passions  was  suddenly  again 
roused  and  concentrated  upon  the  French  revolution. 

The  feeling  of  hostility  towards  England  was  extreme. 
Her  commercial  regulations  exceedingly  atfectcd  the  trade 
of  the  country  ;  and,  while  none  of  the  old  grievances  were 
removed,  complaints  were  made  of  the  dangerous  conduct  of 
the  Indians  under  English  influence.  On  the  other  hand, 
the  British  government  represented,  in  very  strong  terms, 
the  indulgence  shown  to  French  privateers,  in  allowing  them 
to  be  equipped,  and  of  their  actually  capturing  British  ves- 
sels in  the  waters  of  the  United  States — of  permission  being 
granted  to  sell  prizes  in  our  ports — and  of  the  difficulties, 
with  which  creditors,  under  the  treaty,  were  assailed.  But 
the  conduct  of  the  American  government,  at  this  period,  is 
now  justly  matter  of  unqualified  applause,  both  at  home  and 
abroad  ; — it  has  been  mentioned  by  foreign  statesmen  with 
signal  commendation ;'"'— -it  preserved  the  honour  of  the  coun- 
try ;  manifested  the  entire  independence  and  impartiality  of 
the  administration  ;  and,  by  maintaining  a  condition  of  neu- 
trality, obtained  that  great  and  most  lucrative  commerce, 
which  may  justly  be  said  to  have  laid  the  foundation  of  the 
uncommon  wealth  and  prosperity,  by  which  the  United 
States  are  now  distinguished. 

In  the  spring  of  '93  France  declared  war  against  England 
and  Holland.  With  all  these  powers  the  U.  States  had 
entered  into  amicable  conventions,  but  the  treaty  of  alliance, 
concluded  with  the  former  country  in  1778,  is  of  an  unusual 
character.  The  first  ten  articles  undoubtedly  relate  to  the 
actual  war  between  America  and  England,  or  such  other  war 

*  We  particularly  refer  to  a  speech  inudo  by  Mr.  Canning  in  the 
House  of  Commons.  .  -  w     ,-        ,,      ^. 

VOL.   I.  24 


186 


TREATY    or    '94   WITH   ENGLAND. 


between  France  and  England,  as  should  grow  out  of  the 
*<  alliance."  The  eleventh  article  is  a  mutual  guaranty  of 
possessions  and  sovereignty  "  from  the  present  time  and  for- 
cver.'"*''  And  the  twelfth  is  a  further  confirmation  of  the  con- 
struction of  the  eleventh.  Some  remarks  on  this  subject 
v.'ill  be  found  under  the  head  of  France,  title  "  Convention 
of  1800.'* — A  part  of  the  Cabinet  considered  the  article  as 
applying,  altogether,  to  a  defensive  war.  But  sep..  .tte  from 
the  great  di£Bculty  of  defining  that  description  of  hostilities, 
there  appears  to  be  no  provision  in  the  article  itself,  to  war- 
rant the  interpretation.  It  is  a  simple  guaranty,  in  brief, 
plain  language,  of  the  "  present  possessions  or  such  as  should 
be  acquired  by  the  peace."  The  article  does  not  guaranty 
possessions  that  shall  be  made  by  conquests  in  future  wars. 
But  whatever  may  be  the  legitimate  construction  of  this  cel- 
ebrated treaty  of  alliance,  we  have  only  in  this  place  to  re* 
mark,  that  the  government  regarded  it,  as  involving  an  oblU 
gation  on  their  part  impossible  to  fulfil. 

Soon  after  the  state  of  war  in  Europe  v  .s  known,  the 
President  issued  a  proclamation,!  enjoining  a  irict  neutrality 
on  all  the  citizens,  and  declaring  that  the  gov>.  nment  would 
not  protect  from  confiscation  such  articles  as  ^ere  deemed 
contraband  by  the  <<  modem  usage  of  nations.  The  gov- 
ernment, however,  determined  to  receive  a  r  inister  from 
the  French  republic,  though  the  treaty  of  am  y  made  witb 
Louis  XVI.  led  to  embarrassments  on  this  s  iject,  as  well 
as  the  existence  of  a  regency  consisting  of  ce  -ain  members 
of  the  late  royal  family  of  France.  But  it  may  well  be  a 
question,  how  far  it  is  incumbent  upon  nations  to  adhere  to 
compacts  entered  into  with  a  government  that  has  been  dis- 
possessed. Though  nations  should  only  be  discharged  in 
the  last  extremity  from  the  obligations  of  treaties,  they  are 
required  by  public  law  to  recognise  new  governments,  as 
soon  as  it  is  evident,  they  are  able  to  maintain  their  own  in- 


ir:-:; 


*  See  Treaty — second  chapter. 
t  See  title  "Convention  of  1800." 


TREATY  OF  '94  WITH  ENGLAND. 


187 


dependence,  and  system  of  internal  or  municipal  law. 
is  done  for  the  welfare  and  security  of  society.*^ 


This 


*  We  publish  in  this  place  the  rules  of  neutrality,  established  by  the 
government,  and  sent  in  instructions  to  its  Custom  House  officers. 

"  1.  The  original  arming  and  equipping  of  vessels  in  the  ports  of  the 
United  States  by  any  of  the  belligerent  parties  for  military  service,  of- 
fensive or  defensive,  is  deemed  unlawful. 

**  2.  Equipments  of  merchant  vessels  by  either  of  the  belligerent  par- 
ties in  the  ports  of  the  United  States,  purely  for  the  accommodation  of 
them  as  such,  is  deemed  lawful. 

"3.  Equipments  in  the  ports  of  the  United  States  of  vessels  of  war, 
in  the  immediate  service  of  the  government  of  any  of  the  belligerent 
parties,  which,  if  done  to  other  vessels,  would  be  of  a  doubtful  nature, 
AS  being  applicable  either  to  commerce  or  war,  are  deemed  lawful ;  ex- 
cept those  which  shall  have  made  prize  of  the  subjects,  people,  or  pro- 
perty of  France  coming  with  their  prizes  into  the  ports  of  the  United 
States,  pursuant  to  the  17th  article  of  our  treaty  of  amity  and  com- 
merce with  France. 

"  4.  Equipments  in  the  ports  of  the  United  States,  by  any  of  the  par- 
ties at  war  with  France,  of  vessels  fitted  for  merchandise  and  war, 
whether  with  or  without  commission,  which  are  doubtful  in  their  na- 
ture, as  being  applicable  either  to  commerce  or  war,  are  deemed  law- 
ful ;  except  those  which  shall  have  made  prize,  &c. 

"5.  Equipments  of  any  vessels  of  France,  in  the  ports  of  the  United 
States,  which  are  doubtful  in  their  nature  as  being  applicable  to  com- 
merce or  war,  are  deemed  lawful. 

"  6.  Equipments  of  every  kind  in  the  ports  of  the  United  States  of 
privateers  of  the  powers  at  war  with  France,  are  deemed  unlawful. 

"  7.  Equipments  of  vessels  in  the  ports -of  the  United  States,  which 
are  of  a  nature  solely  adapted  to  war,  are  deemed  unlawful ;  except 
those  stranded  or  wrecked,  as  mentioned  in  the  18th  article  of  our 
treaty  with  France,  the  16th  of  our  treaty  with  the  United  Netherlands, 
the  9th  of  our  treaty  with  Prussia ;  and  except  those  mentioned  in  the 
19th  article  of  our  treaty  with  France,  the  17th  of  our  treaty  with  the 
United  Netherlands,  the  18ih  of  our  treaty  with  Prussia. 

"8.  Vessels  of  either  of  the  parties  not  armed,  or  armed  previous  to 
their  coming  into  the  ports  of  the  United  States,  which  shall  not  have 
infringed  any  of  tlie  foregoing  rules,  may  lawfully  engage  or  enlist 
therein  their  own  subjects  or  citizens,  not  being  inhabitants  of  the  Uni- 
ted States  ;  except  privateers  of  the  powers  at  war  with  France,  and 
except  those  vessels  which  shall  have  made  prize,  &;c." 


k  ^ 


190 


TREATY    OF    '94    WITH    ENGLAND. 


The  Executive  was  resolved,  not  only  to  maintain  its  neu- 
tral position,  but  the  hope  of  concluding  a  commercial  ar- 
rangement  with  one  of  the  great  belligerents  was  not  entirely 
abandoned.  The  despatches  and  advices,  received  from 
England,  indicated  a  wish,  on  the  part  of  that  government, 
not  to  drive  this  country  into  a  war  ;  at  any  rate,  it  was  de- 
sirable to  ascertain,  beyond  a  doubt,  the  dispositions  of  the 
British  ministry, — and  either  to  remove  the  causes  of  the 
quarrel  then  existing,  or  to  obtain  satisfactory  evidence  that 
Great  Britain  was  indifferent  to  their  existence.  The  Pre- 
sident, accordingly,  on  the  16th  of  April  1794,  sent  the 
following  message  to  the  Senate  : 

**  The  communicatioDS,  which  I  have  made  to  you  during  your 
present  aession,  from  the  despatches  of  our  minister  in  London^ 
contain  a  serious  aspect  of  our  affairs  with  Great  Britain.  But,  as 
peace  ought  to  be  pursued  with  unremitted  zeal,  before  the  last 
resource,  which  has  so  often  been  the  scourge  of  nations,  and  can- 
not fail  to  check  the  iidvi»nced  prosperity  of  the  United  States,  1  have 
thought  proper  to  nominate,  and  do  hereby  nominate,  John  Jay,  as 
envoy  extraordinary  of  the  United  States,  to  his  Britannic  Majesty. 

"  My  confidence  in  our  minister  plenipotentiary  in  London  con- 
tinues undiminished.  But  a  mission  liiie  this,  while  it  corresponds 
with  the  solemnity  of  the  occasion,  will  announce  to  the  world  a 
solicitude  for  the  friendly  adjustment  of  our  complaints,  and  a  re- 
luctance to  hostility.  Going  immediately  from  the  United  States, 
such  an  envoy  will  carry  with  him  a  full  knowledge  of  the  existing 
temper  and  sensibility  of  our  country  ;  and  will  thus  be  taught  to 
vindicate  our  rights  with  firmness,  and  to  cultivate  peace  with  sin- 
cerity." 

This  has  been  considered  one  of  the  boldest  and  most  de- 
cided resolutions,  adopted  by  General  Washington  during  his 
administration.  It  is  one  that  at  the  moment,  awakened 
most  reproach  and  censure  ;  but  we  doubt  exceedingly, 
whether  any  one  measure,  proposed  by  that  illustrious  indi- 
vidual, has  been,  in  the  end,  accompanied  with  more  good 
consequences  to  the  nation.  It  confirmed  at  the  time,  the 
neutrality  of  the  country ;  and,  consequently,  extended  to 
^rade  and  commerce  all  the  confidence  and  security  the  cer- 


TREATY    OF    '94   WITH    ENGLAND. 


189 


tainty  of  that  fact  could  bestow.  No  one  feared  that  the 
United  States  would  take  part  uith  England.  This  was  im- 
possible. Her  neutrality  could  not  be  disturbed  in  that  di- 
rection. And,  when  an  envoy  extraordinary  was  nominated 
to  his  Britannic  Majesty,  the  nation  became  satisfied,  that 
the  executive,  at  least,  was  determined  not  to  take  part  with 
France.  This  nomination  settled  the  question  of  neutrality 
for  many  years.  The  oppressive  acts  of  the  belligerents 
were  then  in  their  infancy  ;  America  had,  comparatively, 
suffered  little  ;  and  though  not  a  stipulation,  in  favour  of 
neutral  rights,  was  made  in  the  treaty  of  1794,  Great  Brit- 
ain appeared  to  rest,  for  a  moment,  from  the  unjust  exercise 
of  her  vast  power  on  the  ocean.  The  U.  States  escaped  a 
war  at  this  time,  an  evil  infinite  in  its  consequences.  The 
wasting,  bloody  conflicts  of  the  French  Revolution  were  just 
then  beginning  ;  and  if  this  country  had,  at  that  early  period, 
with  all  the  heat  and  excitement  of  the  moment  upon  her, 
rushed  into  the  fray,  no  one  could  have  meted  out  the  de- 
gree of  honour  or  dishonour  that  would  have  attended  her 
course,  or  have  foretold  the  disasters,  that  would  have  overr 
taken  her  own  matchless  institutions.  The  progress  of 
events,  at  last,  drove  her  into  a  war  with  one  of  the  great 
belligerents  ;  but  this  was  toward  the  close  of  a  scene,  of 
which  she  had  been  for  twenty  years  a  spectator.  The  dis- 
tance of  America  from  Europe,  the  youth  and  peculiarity  of 
her  government,  at  that  time  little  understood,  and  certainly 
far  from  being  confirmed,  the  narrowness  of  her  resources, 
the  entire  absence  of  every  species'  of  military  armament, 
powerfully  combined  to  point  out  the  course  she  should 
adopt.  In  ordinary  times,  it  would  have  required  neither 
uncommon  firmness  nor  dexterity  to  have  conducted  the  af- 
fairs of  the  nation.  But  this  was  an  extraordinary  period — 
extraordinary,  not  only  from  the  remarkable  circumstance, 
that  France  had  now  become  professedly  herself  a  republic, 
and  was  threatened  with  annihilation  by  a  European  coali- 
tion, at  the  head  of  which  was  England, — but  more  extraor- 
dinary still,  from  the  moral  phenomenon,  that  the  minds  of 
men,  in  all  civilized  countries  of  the   world,  were  infinitely 


'I, 


190 


TREATY     OF    '94     WITH    ENGLAND. 


excited  by  an  universal  and  overwhelming  political  infatua* 
tion.  The  government  of  the  United  States,  depending 
solely  on  opinion,  had  to  contend  with  this  spirit.  And  that 
opinion,  to  which  it  looked  for  support  and  defence,  was,  it- 
self, exceedingly  infected  and  bewildered. 

Mr.  Jay  arrived  in  London  in  June ;  he  was  deputed  for 
an  extraordinary  purpose  ;  and  there  can  be  no  question,  but 
a  war  would  have  taken  place,  if  he  had  not  succeeded  in 
making  a  treaty.  We  shall  extract  a  part  of  his  instructions, 
not  so  much  on  account  of  any  importance  that  belongs  to 
them,  as  from  the  circumstance,  that  this  was  undoubtedly 
the  most  important  embassy  that  has  been  undertaken  since 
the  organization  of  the  Federal  government.  The  treaty, 
too,  negotiated  on  this  occasion,  though,  perhaps,  justified  by 
the  alarming  and  perplexed  state  of  public  affairs  at  that  pe- 
riod, can  with  difficulty  be  reconciled  to  the  instructions, 
prepared  by  the  Secretary  of  State. 

"  The  mission  upon  which  you  are  about  to  enter,  as  Envojr  Ex- 
traordinary to  the  Court  of  London,  has  been  dictated  by  consider- 
ations of  an  interesting  and  pressing  nature. 

"  You  will  doubtless  avail  yourself  of  these  to  convince  Mr.  Pinck- 
pey,  our  Minister  in  ordinary  there,  of  the  necessity  of  this  measure, 
and  will  thus  prevent  any  wound  to  his  sensibility.  He  may  be  as- 
sured that  it  is  the  impression  which  will  naturally  accompany  this 
demonstration  of  the  public  sentiment,  and  not  the  smallest  abate- 
ment of  confidence  in  him,  which  has  recommended  a  special  ap- 
pointment. Nor  will  any  of  his  usual  functions  be  suspended,  ex- 
cept 80  far  as  they  may  be  embraced  in  the  present  commission. 
It  would  be  unnecessary  to  add,  but  for  the  sake  of  manifesting  this 
fact,  and  removing  difficulties  which  may  arise  in  your  own  breast, 
that  you  will  communicate  with  him  without  reserve. 

**  A  full  persuasion  is  entertained  that  throughout  the  whole  ne- 
gotiation you  will  make  the  following  its  general  objects :  to  keep 
alive  in  the  mind  of  the  British  Minister  that  opinion,  which  the 
solemnity  of  a  special  mission  must  naturally  inspire,  of  the  strong 
agitations  excited  in  the  people  of  the  United  States  by  the  dis- 
turbed condition  of  things  between  them  and  Great  Britain ;  to  re- 
pel war,  for  which  we  are  not  disposed,  and  into  which  the  neces- 


TREATY    OP    '94    WITH    Kl^OLAim. 


191 


sity  of  vindicating  onr  honour  and  our  property  may,  but  can  alone 
drive  us;  to  prevent  the  British  ministry,  should  they  be  resolved 
on  war,  from  carrying^  with  them  the  British  nation ;  and,  at  the 
same  time,  to  assert,  with  dignity  and  tirmness,  our  rights,  and  oar 
title  to  reparation  for  past  injuries. 

"You  will  mention,  with  due  stress,  the  general  irritation  of  the 
United  States  at  the  vexations,  spoliations,  captures,  &c.  and,  being 
on  the  field  of  negotiation,  you  will  be  more  able  to  judge  than 
can  be  prescribed  now,  how  far  you  may  state  the  difficulty,  which 
may  occur  in  restraining  the  violence  of  some  of  our  exasperated 
citizens. 

"  If  the  British  ministry  should  hint  at  any  supposed  predilection 
in  the  United  States  for  the  French  nation,  as  warranting  the  whole 
or  any  part  of  these  instructions,  you  will  stop  the  progress  of  this 
subject  as  being  irrelative  to  the  question  in  hand.  It  is  a  circumr 
stance  which  the  British  nation  have  no  right  to  object  to  us ;  be> 
cause  we  are  free  in  our  afTections,  and  independent  in  our  govern- 
ment. But  it  may  be  safely  answered,  upon  the  authority  of  the 
correspondence  between  the  Secretary  of  State  and  Mr.  Hammond, 
that  our  neutrality  has  been  scrupulously  observed. 

**  In  this  negotiation  as  to  the  treaty  of  peace,  we  have  been 
amused  by  transferring  the  discussions  concerning  its  inexecution 
and  infractions  from  one  side  of  the  Atlantic  to  the  other.  In  the 
meantime,  one  of  the  consequences  of  holding  the  posts  has  been 
much  bloodshed  on  our  frontiers  by  the  Indians,  and  much  expense. 
The  British  Government  having  denied  their  abetting  of  the  Indians, 
we  must  of  course  acquit  them.  But  we  have  satisfactory  proofs 
(some  of  which,  however,  cannot,  as  you  will  discover,  be  well 
used  in  public,)  that  British  agents  are  guilty  of  stirring  up,  and 
assisting  with  arms,  ammunition,  and  warlike  implements,  the  dif- 
ferent tribes  of  Indians  against  us.  It  is  incumbent  upon  that 
Government  to  restrain  those  agents ;  or  the  forbearance  to  re- 
strain them  cannot  be  interpreted  otherwise  than  as  a  determina- 
tion to  countenance  them.  It  is  a  principle  from  which  the  United 
States  will  not  easily  depart,  either  in  their  conduct  towards  other 
nations,  or  what  they  expect  from  them,  that  the  Indians  dwelling 
within  the  territories  of  one,  shall  not  be  interfered  with  by  the 
other. 


m 


vt.Jj- 


192 


TREATY    OF    '94     WITH    ENGLAND. 


"  It  may  be  observed  here,  as  comprehending  both  of  the  fore- 
going points,  that  the  United  States  testify  their  sincere  love  of 
pence  by  being  nearly  in  a  state  of  war,  and  yet  anxious  to  obviate 
absolute  war  by  friendly  advances ;  and  if  the  desire  of  Great 
Britain  to  be  in  harmony  with  the  United  States  be  equally  sincere, 
she  will  readily  discover  what  kind  of  sensations  will  at  length 
brise,  when  their  trade  is  plundered  ;  their  resources  wasted  in  an 
Indian  war;  many  of  their  citizens  exposed  to  the  cruelties  of  the 
savages ;  their  rights  by  treaty  denied  ;  and  those  of  Great  Britain 
enforced  in  our  Courts.  But  you  will  consider  the  inexecution  and 
infraction  of  the  treaty  as  standing  on  distinct  grounds  from  the 
vexations  and  spoliations;  so  that  no  adjustment  of  the  former  is  to 
be  influenced  by  the  latter. 

"  3.  It  is  referred  to  your  discretion  whether,  in  case  the  two 
preceding  points  should  be  so  accommodated  as  to  promise  the  con- 
tinuance of  tranquillity  between  the  United  States  and  Great  Britain, 
the  subject  of  a  commercial  treaty  may  not  be  listened  to  by  you, 
or  even  broken  by  the  British  ministry.  If  it  should,  let  these  be 
the  general  objects : 

'^  1.  Reciprocity  in  navigation,  particularly  to  the  West  Indies, 
and  even  to  the  East  Indies. 

'^  2.  The  admission  of  wheat,  fish,  salt  meat,  and  other  great 
Staples,  upon  the  same  footing  with  the  admission  of  the  great 
British  staples  in  our  ports.  ■  , 

.    "3.  Free  ships  to  make  free  goods. 

■  *'  4.  Proper  security  for  the  safety  of  neutral  commerce  in  other 
respects ;  and  particularly 

"  By  declaring  provisions  never  to  be  contraband,  except  in  the 
strongest  possible  case,  as  the  blockade  of  a  port,  or,  if  attainable, 
by  abolishing  contraband  altogether. 

"  By  defining  a  blockade,  if  contraband  must  continue  in  some 
degree,  as  it  is  defined  in  the  armed  neutrality. 

'^  By  restricting  the  opportunities  of  vexation  in  visiting  vessels: 
and 

"  By  bringing  under  stricter  management  privateers ;  and  expe- 
diting recoveries  against  them  for  misconduct. 

"  5.  Exemption  of  emigrants,  and  particularly  manufacturers, 
from  restraint. 

"  6.  Free  exports  of  arms  and  military  stores. 


li. 


:ii! 


,  «■  ♦• 


TRBATY     or     '94    WITH     SNOI.AIID. 


193 


>'  7.  The  exclusion  of  the  terms  '  the  most  favoured  nation,'  as 
being  productive  of  embarriissmcnt. 

"  8.  The  convoy  of  merchant  ships  by  the  public  ships  of  War, 
where  it  shall  be  necessary,  and  they  be  holding  the  same  course^ 

"  94  It  is  anxiously  to  be  desired,  that  the  fishing  grounds  now 
engrossed  by  the  British  should  be  opened  to  the  citizens  of  the 
United  States. 

"  10.  The  intercourse  with  England  makes  it  necessary  that  the 
disabilities,  arising  from  alienage  in  cases  of  inheritance,  should  be 
put  upon  a  liberal  footing,  or  rather  abolished. 

'Ml.  You  may  discuss  the  sale  of  prizes  in  our  ports  while  we 
are  neutral ;  and  this,  perhaps,  may  be  added  to  the  considerations 
which  we  have  to  give,  besides  those  of  reciprocity. 

*'  12.  Proper  shelter,  defence  and  succour  against  pifates,  sfhlp* 
wreck,  &c. 

"  13.  Full  security  for  the  retiring  of  the  citizens  of  the  United 
States  from  the  British  dominions,  in  case  a  war  should  break  out. 

"  14.  No  privateering  commissions  to  be  taken  out  by  the  sub- 
jects of  the  one,  or  citizens  of  the  other  party,  against  each  other. 

**  15.  Consuls,  &c.  to  be  admitted  in  Europe,  the  West  and  East 
Indies. 

"  16.  In  case  of  an  Indian  war,  none  but  the  usual  supplies  in 
peace  shall  be  furnished. 

'^  17.  In  peace,  no  troops  to  be  kept  within  a  limited  distance 
from  the  lakes.  .  • .,  1*^1.  ^ 

"  1 8.  No  stipulation  whatever  is  to  interfere  with  our  obliga- 
tions to  France.  ^, ,  ^   ...  . 

",  19.  A  treaty  is  not  to  continue  beyond  fifteen  years. 

'^  5.  You  will  have  no  difficulty  in  gaining  access  to  the  ministers 
of  Russia,  Denmark  and  Sweden,  at  the  Court  of  London.  The 
principles  of  the  armed  neutrality  would  abundantly  cover  our 
neutral  rights.  If,  therefore,  the  situation  of  things  with  respect 
to  Great  Britain,  should  dictate  the  necessity  of  taking  the  precau- 
tion of  foreign  cooperation  upon  this  head  ;  if  no  prospect  of  ac- 
commodation should  be  thwarted  by  the  danger  of  such  a  measure 
being  known  to  the  British  Court;  and  if  an  entire  view  of  all  our 
political  relations  shall,  in  our  judgment,  permit  the  step  ;  you  will 
sound  those  ministers  upon  the  probability  of  an  alliance  with  their 
nations  to  support  those  principles.'' 
VOL.   I.  26 


mm 


•~i^ 


;:l 


•.sj?',,, 


194 


TBSATT   OF  '94  WITH  ENGLAND. 


''*'  The  discussions  attending  this  treaty  were  principally  ver- 
bal ; — the  detail  of  the  argument  would  amount  to  little  else 
than  a  repetition  of  the  course  of  reasoning  or  remarks,  that 
have  already  been  introduced,  relative  to  the  transactions 
with  England.  The  negotiation  was  once  broken  off,  and 
Mr.  Jay  wrote  a  private  letter  to  the  President,  signifying 
to  him,  that  he  had  abandoned  all  hopes  of  an  arrangement. 
He,  also,  began  the  composition  of  a  long  memorial  on  the 
whole  subject,  which  it  was  his  intention  to  have  transmit- 
ted to  the  British  minister;  but  a  favourable  turn  taking 
place  in  affairs,  a  treaty  of  amity,  commerce  and  navigationv 
was  finally  signed  on  the  19  of  November  1794  at  London^ 
with  William  Wyndham  Baron  Grenville.*        .      -^         .^ 

*  This  is  one  of  the  longest  treaties  in  the  collection.  * '  '*  '•'"^*^" 
"  Art.  3.  His  majesty  will  withdraw  all  his  troops  and  garrisons 
from  all  posts  and  places  within  the  boundary  lines  assigned  by  thv 
treaty  of  peace  to  the  United  States.  This  evacuation  shall  take  place* 
en  or  before  tlie  first  day  of  June,  one  thousand  seven  hundred  and 
ninety-six,  and  all  the  proper  measures  shall  in  the  interval  be  taken 
by  concert  between  the  government  of  the  United  States,  and  h»» 
majesty's  governor  general  in  America,  fur  setthng  the  previous  ar- 
rangements which  may  be  necessary  respecting  the  delivery  of  the 
•aid  posts  :  the  United  States  in  the  mean  time,  at  their  discretion,  ex- 
tending their  settfements  to  any  part  within  the  said  boundary  line^ 
except  within  the  precincts  or  jurisdiction  of  any  of  the  said  posts.  Alt 
settlers  and  traders,  within  the  precincts  or  jurisdiction  of  the  said 
posts,  shall  continue  to  enjoy,  unmolested,  all  their  property,  of  every 
kind,  and  shall  be  protected  therein.  They  shall  be  at  full  liberty  to 
remain  there,  or  to  remove  with  all  or  any  part  of  their  effects ;  and  it 
shall  also  be  free  to  them  to  sell  their  lands,  houses,  or  effects,  or  to 
letain  the  property  thereof,  at  their  discretion  ;  such  of  them  as  shaU 
continue  to  reside  within  the  said  boundary  lines,  shall  not  be  com- 
pelled to  become  citizens  of  the  United  States,  or  to  take  any  oath  of 
allegiance  to  the  government  thereof;  but  they  shall  be  at  full  liberty 
so  to  do  if  they  think  proper,  and  they  shall  make  and  declare  their 
election  within  one  year  after  the  evacuation  aforesaid.  And  all  per- 
sons who  shall  continue  there  after  the  expiration  of  the  said  year, 
without  having  declared  their  intention  of  remaining  subjects  of  bis 
Britannic  majesty,  shall  bo  considered  as  having  elected  to  become 
citizens  of  the  United  States.  '  1 .   -f''r     '  >.:■•'- 

"  Art.  3.  It  is  agreed  that  it  shall  at  ull  times  be  free  to  his  majesty's 


Hi; 


TREATY    OF     '94    WITH    ENOLAMD.                       195 

•  ■ 

It  is  well  known   that   this  treaty  was   eztremelj  un- 

popular. 

Hllhiecta.  nnd  tn  tlm  pifivona  nf  tha   fTnWml  Stntna.  nii<1    nian  tn  tliA   f n. 

tditLUB  dwelling  on  eitlior  side  of  the  sakl  boundary  line,  freely  to  pass 
.and  repass,  by  land,  or  inland  navigation,  into  tbo  respective  territories 
and  countries  of  the  two  parties,  on  the  continent  of  America,  (the 
x:ountry  within  the  limits  of  the  Hudson's  bay  company  only  excepted) 
And  to  navkgnte  all  the  lakes,  rivers  and  waters  thereof,  and  freely  to 
.carry  on  trade  and  commerce  with  eac  n  other.  But  it  is  understood, 
ihat  this  article  does  not  extend  to  the  admission  of  vessels  of  the 
United  States  into  the  seaports,  harbours,  bays,  or  creeks  of  hismajes- 
;Cy's  said  territories ;  nor  into  such  parts  of  the  rivers  in  his  majesty's 
«aid  territories  as  are  between  tlie  mouth  thereof  and  the  highest  |K>r.t 
x)f  entry  from  tlie  sea,  except  in  small  vessels  trading  bona  fide  between 
Montreal  and  Quebec,  under  such  regulations  as  shall  be  established 
to  prevent  the  possibility  of  any  frauds  in  this  respect.  Nor  to  the  ad- 
/nission  of  British  vessels  from  the  sea  into  the  rivers  of  the  United 
States,  beyond  the  highest  ports  of  entry  for  foreign  vessels  from  the 
«ea.  The  river  Mississippi  shall,  however,  according  to  the  treaty  of 
peace,  be  entirely  open  to  both  parties ;  and  it  is  further  agreed,  that 
all  the  ports  and  places  on  its  eastern  side,  to  whichsoever  of  the  par- 
ties belonging,  may  freely  be  resorted  to  and  used  by  both  parties,  in 
;as  ample  a  manner  as  any  of  the  Atlantic  ports  or  places  of  the  United 
:States,  or  any  of  the  ports  or  places  of  his  majesty  in  Great  Britain. 

*'  All  goods  and  merchandise  whose  importation  into  his  majesty's 
rsaid  territories  in  America,  shall  not  be  entirely  prohibited,  may  free- 
liy,  for  the  purposes  of  commerce,  be  carried  into  the  same  in  the  man- 
ner aforesaid,  by  the  citizens  of  the  United  States,  and  such  goods  and 
merchandise  shall  be  subject  to  no  higher  or  other  duties  than  would 
he  payable  by  his  majesty's  subjects  on  the  importation  of  the  same 
from  Europe  into  the  said  territories.  And  in  like  manner,  all  goods 
^nd  merchandise  whose  importation  into  the  United  States  shall  not 
f)e  wholly  prohibited,  may  freely,  for  the  purposes  of  commerce,  be 
carried  into  the  same,  in  the  manner  aforesaid,  by  his  majesty's  sub- 
jects, and  such  goods  and  merchandise  shall  be  subject  to  no  higher 
or  other  duties,  than  would  be  payable  by  the  citizens  of  the  United 
States  on  the  importation  of  the  same  in  American  vessels  into  the 
Atlantic  ports  of  the  said  states.  And  all  goods  not  prohibited  to  be 
exported  from  the  said  territories  respectively,  may,  in  like  manner, 
be  carried  out  of  the  same  by  the  two  parties  respectively,  paying  duty 
AS  aforesaid. 

''No  duty  of  entry  shall  ever  be  levied  by  either  party  on  peltries 


1% 


<r\ 


u^'l«^ 


€-*l,-V- 


196 


TRCATT    or    *94    WITH    ENOLAITD. 


"  The  newipapen»,"  writes  the  Secretary  of  State,  Mr.  Randolph, 
July  21,  1795,  "  that  have  been  forwarded  you,  will  show  the  un- 
popularity  of  the  treaty  at  Boston.  The  day  before  yesterday  New- 
brought  by  land,  or  inland  navigation,  into  the  said  territories  respec- 
tively, nor  shall  the  Indians  passinf^'  or  repassing  with  their  own  proper 
goods  and  effects  of  whatever  nature,  pay  for  the  same  any  impost  or 
duty  whatever.  But  goods  in  bales,  or  other  large  packages,  unusual 
among  Indians,  shall  not  be  considered  as  goods  belonging  bona  fide 
to  Indians. 

"  No  higher  or  other  toils  or  rates  of  ferriage  than  what  are  or  shall 
be  payable  by  natives,  shall  be  demanded  on  either  side  ;  and  no  du- 
ties shall  be  payable  on  any  goods  which  shall  merely  be  carried  over 
any  of  the  portages  or  carrying  places  on  either  side,  for  the  purpose 
of  being  immediately  reimbarked  and  carried  to  some  other  place  or 
places.  But  as  by  this  stipulation  it  is  only  meant  to  secure  to  each 
party  a  free  passage  across  the  portages  on  both  sides,  it  is  agreed, 
that  this  exemption  from  duty  shall  extend  only  to  such  goods  as  are 
carried  in  the  usual  and  direct  road  across  the  portage,  and  are  not  at- 
tempted to  be  in  any  manner  sold  or  exchanged  during  their  passage 
aeross  the  same,  and  proper  regulations  may  be  established  to  prevent 
the  possibility  of  any  frauds  in  this  respect. 

"  As  this  article  is  intended  to  render  in  a  great  degree  the  local  ad- 
vantages of  each  party  common  to  both,  and  thereby  to  promote  a  dis- 
position favourable  to  friendship  and  good  neighbourhood,  it  is  agreed, 
that  the  respective  governments  will  mutually  promote  this  amicable 
intercourse,  by  causing  speedy  and  impartial  justice  to  be  done,  and 
necessary  protection  to  bo  extended  to  all  who  may  be  concerned 
therein. 

^'  Art.  4.  A  joint  survey  of  the  Mississippi  to  be  made,  from  one  de- 
gree below  the  falls  of  St.  Anthony  to  the  principal  sources  of  that 
river,  to  ascertain  whether  a  line,  drawn  due  west  from  the  lake  of 
the  woods,  will  intersect  the  Mississippi. 

"  Art.  5.  Commissioners  to  be  appointed  to  identify  the  river  St. 
Croix,  designated  in  the  definitive  treaty  of  peace. 

^'Art.  6.  Whereas  it  is  alleged  by  divers  British  merchants  and 
others  his  Majesty's  subjects,  that  debts,  to  a  considerable  amount, 
which  were  bona  fide  contracted  before  the  peace,  still  remain  owing 
to  them  by  citizens  or  inhabitants  of  the  United  States,  and  that  by 
the  operation  of  various  lawful  impediments  since  the  peace,  not  only 
the  full  recovery  of  the  said  debts  has  been  delayed,  but  also  the  value 
and  security  thereof  have  been,  in  several  instances,  impaired  and  les- 
seped}  so  that  by  the  ordinary  course  of  judicial  proceedings,  the  Bri« 


TREATY     OF    '94     WITH    ENGLAND. 


m 


York  exhibited  n  sitnilnr  scene.  It  will,  probably,  be  reacted  In 
Philadelphia  to-morrow,  and  will  perhaps  travel  further.  When  I 
inform  you  that  the  President  has  not  yet  ratified  the  treaty,  his 

tish  creditors  cannot  now  obtain,  and  actually  have  and  receive  full 
and  adequate  compensation  for  tlio  losses  and  damages  which  they 
have  thereby  sustained,  it  is  agreed,  that  in  all  such  cases,  where  full 
compensation  for  such  losses  and  damages  cannot,  for  whatever  rea- 
son, be  actually  obtained,  had,  and  received  by  the  said  creditors  in  the 
ordinary  course  of  justice,  the  United  States  will  make  full  and  com- 
plete compensation  for  the  same  to  the  said  creditors :  but  it  is  dis- 
tinctly understood,  that  this  provision  is  to  extend  to  such  losses  only 
as  have  been  occasioned  by  the  lawful  impediments  aforesaid,  and  is 
not  to  extend  to  losses  occasioned  by  such  insolvency  of  the  debtors, 
or  other  causes  as  would  equally  have  operated  to  produce  such  loss, 
if  the  said  impediments  had  not  existed  ;  nor  to  such  losses  or  damages 
as  have  been  occasioned  by  the  manifest  delay  or  negligence,  or  wil- 
ful omission  of  the  claimant.  Five  commissioners  to  be  appointed  to 
ascertain  the  amount  of  losses  which  the  United  States  consent  to 
make  good  to  British  creditors. 

"  Art.  7.  Whereas  complaints  have  been  made  by  divers  merchants, 
and  other  citizens  of  the  United  States,  that  during  the  course  of  the 
war  in  which  his  majesty  is  now  engaged,  tliey  have  sustained  consid- 
erable losses  and  damage,  by  reason  of  irregular  or  illegal  captures 
or  condemnations  of  their  vessels  and  other  property,  under  colour  of 
outhority  or  commissions  from  his  majesty  ;  and  that,  from  various  cir- 
cumstances belonging  to  the  said  cases,  adequate  compensation  for  the 
losses  and  damages  so  sustained,  cannot  now  be  actually  obtained, 
had,  and  received,  by  the  ordinary  course  of  judicial  proceedings ;  it 
is  agreed,  that  in  all  such  cases,  where  adequate  compensation  cannot, 
for  whatever  reason,  be  now  actually  obtained,  had,  and  received  by 
the  said  merchants  and  others,  in  the  ordinary  course  of  justice,  full 
and  complete  compensation  for  the  same  will  be  made  by  the  British 
government  to  the  said  complainants.  But  it  is  distinctly  understood, 
that  this  provision  is  not  to  extend  to  such  losses  or  damages  as  have 
been  occasioned  by  the  manifest  delay  or  negligence,  or  wilful  omis- 
sion of  the  claimant.  Five  commissioners  to  be  appointed  with  the 
same  powers,  [mulatis  mutandis)  as  those  appointed  in  virtue  of  the 
6th  article  of  this  treaty. 

'^Art.  9.  American  citizens  and  British  subjects  holding  lands  in 

the  territory  of  either  party,  to  exercise  the  rights  appertaining  therot 

to,  as  if  they  were  natives.  '  '    -         '='  '•'•'*" 

...        y<-  a'A  f'.l 


m 


1«8 


TUBATY     or     '94     WITH     RNOLANP. 


character  will  convince  you,  tlint  nothing  will  deter  him  from  do- 
ing what  he  thinks  right,  and  that  the  finnl  question  lies  open  from 
causes,  unconnected  with  any  considerations,  hut  the  iuterest  and 

"AaT.  ]0.  No  dehts,  or  moneys,  vested  in  funds,  to  ho  confiscated 
in  the  event  of  war. 

"  Aar.  19.  His  majesty  consents  that  it  shall  and  may  he  lawful, 
during  the  time  hereinafter  limited,  for  the  citizens  of  the  United  States 
to  carry  to  any  of  his  majesty's  inlandd  and  ports  in  the  West  Indies 
t>om  the  United  States,  in  their  own  vcuscls,  not  being  above  the  bur- 
den of  seventy  tons,  any  goods  or  merchandises,  being  of  the  growth, 
manufacture,  or  produce  of  tito  said  states,  which  it  is  or  naay  he  law- 
ful to  carry  to  the  said  islands  or  ports,  from  the  said  states,  iu  British 
veeaels;  and  that  the  said  American  vessels  shall  he  subject  there  to 
no  other  or  higher  tonnage  duties  or  charges,  tiian  shall  be  payable  by 
British  vessels  in  the  ports  of  the  United  States;  and  that  the  cargoes 
of  the  said  American  vessels  shall  bo  subject  there  to  no  other  or 
higher  duties  or  charges,  than  shall  bo  payable  on  the  lilie  articles  if 
imported  there  from  the  said  states  in  IJritish  vessels. 

"And  his  majesty  also  consents,  that  it  shall  be  lawful  fur  the  said 
American  citizens  to  purchase,  load,  and  carry  away  in  their  said  ves- 
aels  to  the  United  States  from  the  said  islands  and  ports,  all  such  arti- 
cles, being  of  the  growth,  manufacture,  or  produce  of  the  said  islands, 
^8  may  now  bylaw  be  carried  from  thence  to  the  said  states  in  British 
vessels,  and  subject  only  to  the  same  duties  and  charges  on  exporta- 
tion, to  which  British  vessels  and  their  cargoes  are  or  shall  be  subject 
in  similar  circumstances. 

"Provided  always,  that  the  said  American  vessels  do  carry  and  land 
Iheir  cargoes  in  the  United  States  only,  it  being  expressly  agreed  and 
declared,  that  during  the  continuance  of  this  article,  the  United  States 
ivill  prohibit  and  restrain  the  carrying  any  molasses,  sugar,  coffee,  co- 
coa, or  cotton,  in  American  vessels,  either  from  his  majesty's  islands, 
or  from  the  United  States  to  any  part  of  the  world,  except  the  United 
States,  reasonable  sea  stores  excepted.  Provided  also,  that  it  shall 
and  may  be  lawful,  during  the  same  period,  for  British  vessels,  to  im- 
port from  the  said  islands,  into  the  United  States,  and  to  export  from 
^e  United  States,  to  the  said  islands,  all  articles  whatever,  being  of 
the  growth,  produce,  or  manufacture  of  the  said  islands,  or  of  the 
United  States  respectively,  which  now  may,  by  the  laws  of  the  said 
states,  be  so  imported  and  exported.  And  that  the  cargoes  of  the  said 
British  vessels  shall  be  subject  to  no  other  or  higherduties,  or  charges, 
than  shall  be  payable  on  the  same  articles  if  so  imported  or  exported 
in  American  vessels. 


TREATY   or   *0<1    WITH   CMOLAND. 


loa 


;onfi»cated 


duties  of  (he  Ignited  States.  He  is  at  present  in  Virginia,  tnd  will,- 
doubtless,  very  suun  take  liia  conclusive  step.  If!  were  permitted 
to  conjecture  what  tlmt  '^ould  be,  1  tliould  suspect  that  at  aojr  rate 

"It  ii  agrt ''(1  that  tliis  Mrtirle  mul  every  matter  and  thing  therein 
contained,  hIiuII  <  ontiiuie  tu  ho  in  force  during  the  continuance  of  tbtf 
war  in  which  hi»  /^>njoHty  is  now  eiigngod  ;  and  also  for  two  year* 
from  and  nAcr  tlie  day  iif  ilio  iiignntiiro  of  (lift  preliminary  or  other 
articles  of  pence,  by  which  tiio  Hnino  may  bo  terminated. 

**  And  it  is  further  agreed,  tliut  at  the  cxpirr.tion  of  the  said  term, 
the  two  contracting  particH  will  endeavour  further  to  regulate  their 
commerce  in  thiu  respect,  according  to  the  situation  in  which  his  ma- 
jesty may  then  find  himself  with  respect  to  the  West  Indies,  and  with 
h  view  to  such  arrangements  as  may  best  conduce  to  the  mutual  ad- 
vantage and  extension  of  conmicrce.  And  the  said  parties  will  then 
also  renew  their  didcusaiona,  and  endeavour  to  agree,  whether  in  any 
and  what  cases  neutral  vessels  shall  protect  enemy's  property  ;  and  ia 
what  cases  provisions  and  other  articles,  not  generally  contraband, 
may  become  such.  But  in  the  mean  time,  their  conduct  towards  each 
other  in  these  res(>cct8,  shall  be  regulated  by  the  articles  hereinafter 
inserted  on  those  subjects. 

"  Art.  13.  His  majesty  consents  that  tho  vessels  belonging  to  the 
citizens  of  the  United  States  of  America  shnll  be  admitted  and  hospita- 
bly received  in  all  the  seaports  and  harbours  of  tlie  British  territories 
iu  tho  East  Indies.  And  that  the  citizens  of  the  said  United  States 
may  freely  carry  on  a  trade  between  the  said  territories  and  the  said 
United  States,  in  all  articles  of  which  tho  importation  or  exportation 
respectively,  to  or  from  the  said  territories,  shall  not  be  entirely  pro- 
hibited. Provided  only,  that  it  shall  not  be  lawful  for  them  in  any 
time  of  war  between  the  British  government  and  any  other  power  or 
state  whatever,  to  export  from  tho  said  territories,  without  the  special 
permission  of  the  British  government  there,  any  military  stores,  or  na- 
val stores,  or  rice.  The  citizens  of  tho  United  States  shall  pay  for 
their  vessels  when  admitted  into  the  said  ports,  no  other  or  higher 
tonnage  duty  than  shall  be  payable  on  British  vessels  when  admitted 
into  the  ports  of  the  United  States.  And  they  shall  pay  no  other  or 
higher  duties  or  charges,  on  the  importation  or  exportation  of  the 
cargoes  of  the  said  vessels,  than  shall  be  payable  on  the  same  articles 
when  imported  or  exported  in  British  vessels.  But  it  is  expressly 
agreed,  that  the  vessels  of  the  United  States  shall  not  carry  any  of  the 
articles  exported  by  them  from  the  said  British  territories,  to  any  port 
or  place,  except  to  some  port  or  place  in  America,  where  the  same 
shall  be  unladen,  and  such  regulations  shall  be  adopted  by  both  par- 


*^Hu 


fiOO 


TREATY   OF   '94   WITH   SNOLAND. 


he  would  not  sign  it,  till  it  should  return  from  England  with  the  ad- 
dition of  the  suspending  article,  and  probably  not  even  then,  if  the 
late  British  order,  for  the  capture  of  provisions  going  to  France, 
should  have  been  issued,  as  we  suppose.  v 

ties,  as  shall,  from  time  to  time,  be  found  necessary  to  enforce  the  due 
and  faithful  observance  of  this  stipulation.  It  is  also  understood  that 
the  permission  granted  by  this  article,  is  not  to  extend  to  allow  the 
vessels  of  the  United  States  to  carry  on  any  part  of  the  coasting  trade 
of  the  said  British  territories  ;  but  vessels  going  with  their  original 
cargoes,  or  part  thereof,  from  one  port  of  dis(;harge  to  another,  are 
not  to  be  considered  as  carrying  on  the  coasting  trade.  Neither 
is  this  article  to  be  construed  to  allow  the  citizens  of  the  said  states  to 
settle  or  reside  within  the  said  territories,  or  to  go  into  the  interior 
parts  thereof,  without  the  permission  of  the  British  government  es- 
tablished there  ;  and  if  any  transgression  should  be  attempted  against 
the  regulations  of  the  British  government  in  this  respect,  the  observ- 
ance of  the  same  shall  and  may  be  enforced  against  the  citizens  of 
America  in  the  same  manner  as  against  British  subjects  or  others 
transgressing  the  same  rule.  And  the  citizens  of  the  United  States, 
whenever  they  arrive  in  any  port  or  harbour  in  the  said  territories,  or 
if  they  should  be  permitted  in  manner  aforesaid,  to  go  to  any  other 
place  therein,  shall  always  be  subject  to  the  Kws,  government  and 
jurisdiction  of  what  nature  established  in  such  harbour,  port,  or  place, 
according  as  the  same  may  be.  The  citizens  of  the  United  States  may 
also  touch  for  refreshment  at  the  island  of  St.  Helena,  but  subject  in 
all  respects  to  such  regulations  as  the  British  government  may  from 
time  to  time  ostablish  there. 

"Art.  14.  There  shall  be  between  all  the  dominions  of  his  maje.sty 
in  Europe  and  the  territories  of  the  United  States,  a  reciprocal  and 
perfect  liberty  of  commerce  and  navigation.  The  people  and  inhabi- 
tants of  the  two  countries  respectively,  shall  have  liberty  freely  and 
securely,  and  without  hindrance  and  molestation,  to  come  with  their 
ships  and  cargoes  to  the  lands,  countries,  cities,  ports,  places  and 
rivers,  within  the  dominions  and  territories  aforesaid,  to  enter  into  the 
same,  to  resort  there,  and  to  remain  and  reside  there,  without  any 
limitation  of  time.  Also  to  hire  and  possess  houses  and  warehouses 
for  the  purposes  of  their  commerce,  and  generally,  the  merchants  and 
traders  on  each  side,  shall  enjoy  the  most  complete  protection  and  se- 
curity for  their  commerce  ;  but  subject  always,  as  to  what  respects  this 
article,  to  the  laws  and  statutes  of  the  two  countries  respectively. 

"Art.  15.  It  is  agreed  that  no  other  or  higher  duties  shall  be  paid 
by  the  ships  or  merchandise  of  the  one  party,  in  the  ports  of  the  other, 


A*' 


TREATY   OF    '94    WITH   ENGLAND.' 


201 


'i  **  The  present  may  well  be  considered  as  a  crisis,  from  the  sop- 
posilion  of  a  rejection  or  a  ratification.  In  the  former  case,  the 
result  with  Great  Britain  is  not  so  easily  foreseen.     In  the  latter, 

than  such  as  are  paid  by  the  like  vessels  or  merchandise  of  all  other 
nations.  Nor  shall  any  other  or  higher  duty  be  imposed  in  one  coun- 
try on  the  importation  of  any  articles,  the  growth,  produce,  or  manu- 
facture of  the  other,  than  are  or  shall  be  payable  on  the  importation  of 
the  like  articles,  being  of  the  growth,  produce,  or  manufacture  of  any 
other  foreign  country.  Nor  shall  any  prohibition  be  imposed  on  the 
exportation  or  importation  of  any  articles,  to  or  from  the  territories  of 
the  two  parties  respectively,  which  shall  not  equally  extend  to  all  other 
nations. 

"  But  the  British  government  reserves  to  itself  the  right  of  imposing 
on  American  vessels  entering  into  the  British  ports  in  Europe,  a  ton- 
nage duty  equal  to  that  which  shall  be  payable  by  British  vessels  in  the 
ports  of  America:  and  also  such  duty  as  maybe  adequate  to  counter- 
vail the  difference  of  duty  now  payable  on  the  importation  of  European 
and  Asiatic  goods,  when  imported  into  the  United  States  in  British  or 
in  American  vessels. 

"  The  two  parties  agree  to  treat  for  the  more  exact  equalization  of  the 
duties  on  the  respective  navigation  of  their  subjects  and  people,  in  such 
manner  as  may  be  most  beneficial  to  the  two  countries.  The  arrange- 
ments for  this  purpose  shall  be  made  at  the  same  time,  with  those 
mentioned  at  the  conclusion  of  the  twelfth  article  of  this  treaty,  and 
are  to  be  considered  as  a  part  thereof.  In  the  interval,  it  is  agreed 
that  the  United  States  will  not  impose  any  new  or  additional  tonnage 
duties  on  British  vessels,  nor  increase  the  now  subsisting  difference 
between  the  duties  payable  on  the  importation  of  any  articles  in  British 
or  in  American  vessels.  '  - 

"  Art.  17.  Vessels  captured  on  suspicion  of  having  contraband,  or 
enetny^s  property,  to  be  sent  into  the  nearest  port ;  the  contraband,  &c. 
to  be  taken  out,  and  the  vessel  and  remainder  of  the  cargo  to  be  al- 
lowed to  proceed. 

"  Art.  18.  Vessels  of  either  party,  not  to  be  detained,  on  attempt- 
ing to  enter  a  blockaded  place,  unless  previously  warned  off. 

"Art.  21.  A  third  (enemy)  power,  not  allowed  to  enlist  citizens  or 
subjects  of  either  party.  Persons  taken  offending  against  the  provi- 
sions of  this  article  may  be  treated  as  pirates. 

"  Art.  24.  It  shall  not  be  lawful  for  any  foreign  privateers  (not  being 
subjects  or  citizens  of  either  of  the  suid  parties)  who  huvo  commis- 
sions from  any  other  prince  or  state  in  enmity  with  either  nation,  to 
VOL.   I.  2Q 


^Sk 


2Q2 


TREATY     OF     '94     WITH     ENGLAND. 


the  result  in  our  own  country  is  involved  with  many  delicate  and 

hazardous  topics.    It  is  my  consolation,  however,  that  he  who 

guides  the  helm,  will,  by  his  tvisdom  and  fortitude,  steer  us  into 

safe  port." 

■*" 

arm  their  ships  in  the  ports  of  cither  of  the  said  parties,  nor  to  sell 

what  they  have  taken,  nor  in  any  other  manner  to  exchange  the  same  ; 

nor  shall  they  be  allowed  to  purcliuso  more  provisions  than  shall  be 

necessary  for  their  going  to  the  nearest  port  of  that  prince  or  state 

from  whom  they  obtained  their  commissions. 

"  Art.  25.  It  shall  be  lawful  for  the  ships  of  war  and  privateers 
lielonging  to  the  said  parties  respectively,  to  carry  whithersoever  they 
please,  the  ships  and  goods  taken  from  their  enemies,  without  being 
obliged  to  pay  any  fee  to  the  officers  of  the  admiralty,  or  to  any  judges 
whatever  ;  nor  shall  the  said  prizes  when  they  arrive  at,  and  enter  the 
ports  of  the  said  parties,  be  detained  or  seized,  neither  shall  the  search- 
ers or  other  officers  of  those  places  visit  such  prizes,  (except  for  the 
purpose  of  preventing  the  carrying  of  any  part  of  the  cargo  thereof 
on  shore  in  any  manner  contrary  to  the  established  laws  of  revenue^ 
navigation,  or  commerce,)  nor  shall  such  officers  take  cognizance  of 
the  validity  of  such  prizes;  but  they  shall  be  at  liberty  to  hoist  sail 
and  depart  as  speedily  as  may  be,  and  carry  their  said  prizes  to  the 
place  mentioned  in  their  commissions  or  patents,  which  the  command- 
ers of  the  said  ships  of  war  or  privateers  shall  be  obliged  to  show. — 
No  shelter  or  refuge  shall  be  given  in  their  ports  to  such  as  have  made 
a  prize  upon  the  subjects  or  citizens  of  cither  of  the  said  parties;  but 
if  forced  by  stress  of  weather,  or  the  dangers  of  the  sea,  to  enter 
therein,  particular  care  shall  be  taken  to  hasten  their  departure,  and 
to  cause  them  to  retire  as  soon  as  ])ossiI)le.  Nothing  in  this  treoty 
contained  shall,  however,  be  construed  or  operate  contrary  to  former 
and  existing  public  treaties  with  otiier  sovereigns  or  states.  But  the 
two  parties  agree,  that  while  they  continue  in  amity,  neither  of  them 
will  in  future  make  any  treaty  that  shall  be  inconsistent  with  this  or 
the  preceding  article.  ;    •■ 

"  Neither  of  the  said  parties  shall  permit  the  ships  or  goods  belonging 
to  the  subjects  or  citizens  of  the  other,  to  be  taken  within  cannon 
slwt  of  the  coast,  nor  in  any  of  the  bays,  ports,  or  rivers  of  their  ter- 
ritories, by  ships  of  war,  orotliors  having  commission  from  any  prince, 
republic,  or  state  whatever.  But  in  case  it  should  so  happen,  the  party 
whose  territorial  rights  shall  thus  have  been  violated,  shall  use  his 
utmost  endeavours  to  obtain  from  the  offending  party,  full  and  ample 
satisfaction  for  the  vessel  or  vessels  so  taken,  whether  the  same  bo 
vessels  of  war  or  merchant  vessels.  .^;c, 


TREATY  OF  '94  WITH  ENGLAND. 


203 


The  President  had  early  determined  to  ratify  the  treaty  f 
and,  after  a  long  and  careful  examination,  it  was  finally  rati- 
fied by  the  Senate,  a  precise  constitutional  number  voting  for 
it.  A  reservation  was,  however,  made,  in  relation  to  the 
twelfth  article.     That  article  regulated  the  trade  between 

"  Art.  20.  In  case  of  a  rupture,  tlio  merchants  and  others  of  tho 
two  nations,  during  good  behaviour,  allowed   to  continue  their  trade. 

"Art.  27.  It  is  further  agreed,  thxit  his  majesty  and  the  United 
States,  on  mutual  requisitions,  by  them  respectively,  or  by  their  re- 
spective ministers,  or  officers,  authorized  to  make  the  same,  will  deliv- 
er up  to  justice,  all  persons  who,  being  charged  with  murder  or  forgery, 
committed  within  the  jurisdiction  of  either,  shall  seek  an  asylum 
within  any  of  the  countries  of  the  other:  provided,  that  this  shall  only 
be  done  on  such  evidence  of  criminality,  as,  according  to  tho  laws  of 
the  place  where  the  fugitive  or  person  so  charged  shall  be  found,  would 
justify  his  apprehension  and  commitment  for  trial,  if  the  offence  had 
there  been  committed.  The  expense  of  such  apprehension  and  de- 
livery shall  be  borne  and  defrayed  by  those  who  make  the  requisition 
and  receive  the  fugitive. 

"  Art.  28.  It  is  agreed,  that  the  first  ten  articles  of  this  treaty  shall 
be  permanent,  and  that  the  subsequent  articles,  except  the  twelAh,8hall 
be  limited  in  their  duration  to  twelve  years,  to  be  computed  from  the 
day  on  which  the  ratifications  of  this  treaty  shall  be  exchanged,  but 
subject  to  this  condition,  that  whereas  the  said  twelfth  article  will  ex- 
pire by  the  limitation  therein  contained,  at  the  end  of  two  years  from 
the  signing  of  the  preliminary  or  other  articles  of  peace,  which  shall 
terminate  the  present  war  in  which  is  majesty  is  engaged,  it  is  agreed, 
that  proper  measures  shall,  by  concert,  be  taken,  for  bringing  the  sub- 
ject of  that  article  into  amicable  treaty  and  discussion,  so  early  before 
the  expiration  of  the  said  term,  as  that  new  arrangements  on  that 
head  may,  by  that  time,  be  perfected,  and  ready  to  take  place.  But  if 
it  should  unfortunately  happen,  that  his  majesty  and  the  United  States 
should  not  be  able  to  agree  on  such  new  arrangements,  in  that  case, 
all  the  articles  of  this  treaty,  except  the  first  ten,  shall  then  cease  and 
expire  together."  ^v^. 

In  1796,  an  explanatory  article,  respecting  the  third  article,  (con- 
cerning the  Indians)  was  agreed  on  ;  and  in  '98,  another  article,  re- 
lating to  th  i  source  of  the  St.  Croix,  was  made— the  first  in  Philadel- 
phia, between  Mr.  Pickering,  the  Secretary  of  State,  and  Mr.  Bond, 
the  English  Consul  General, — and  the  other  at  London,  between  the 
American  Minister, "Mr.  King,  and  Lord  Grcnvillc. 


204 


TREATY     OF    '94     WITH     ENGLAND. 


the  United  States  i>nd  the  West  Indies.  The  Senate  agreed 
to  the  ratification,  on  condition  an  article  was  added,  suspend- 
ing the  operation  of  the  12th.  This  presented  a  new  and 
great  difficulty.  The  Senate  advised  to  the  ratification  of  an 
article  that  had  not  heen  laid  before  them  ;  and  the  President 
was  called  upon,  under  that  advice,  to  ratify  a  treaty,  into 
which  the  article,  that  was  made  the  condition  of  the  ratifica- 
tion, had  not  been  introduced.  But  in  the  mean  time,  the 
English  revived  their  provision  order.  This  circumstance 
led  to  considerable  delay,  on  the  part  of  the  American  govern- 
ment. However,  in  the  month  of  August,  the  President,  be-r 
jng  satisfied  that  the  proceedings  of  the  Senate  fell  clearly 
within  the  meaning  of  the  constitution,^  resolved  to  ratify  the 
treaty,  and  to  accompany  that  act  by  a  strong  memorial,  di- 
rected against  the  provision  order  ;  a  step  attended  with  hap- 
py consequences ; — the  order  being  revoked,  and  the  treaty 
at  last  ratified  in  the  usual  form,  the  28th  of  October  1796, 
together  with  an  additional  article,  suspending  the  operation 
pf  the  twelfth.  This  act  was  performed  by  Mr.  J.  Q.  Adams, 
Minister  Resident  at  the  Hague,  despatched  for  that  purpose 
to  London,  Mr.  Pinckney  being  then  at  Madrid. f  ^^i  = 

i:i  The  objection  of  the  Senate  to  a  part  of  the  twelfth  arti- 
cle was  perfectly  just.  It  allowed  a  direct  trade  between 
the  United  States  and  the  British  colonies  in  the  West  In- 
dies, in  vessels  not  exceeding  seventy  tons  in  burthen,  but 
the  United  States  were  under  an  obligation  to  restrain  their 
vessels  from  car!\,  ing  certain  articles,  the  produce  of  those 
islands,  to  any  other  place  than  the  United  States.  One  of 
these  articles  was  cotton.  It  is  now  generally  known,  that 
the  American  minister,  who  negotiated  the  treaty,  was  not 
aware  that  cotton  was  already  introduced  into  the  United 
States,  and  had  become  an  article  of  export  ; — a  fact  of 
which  he  could  well  be  ignorant,  for  we  find  it  stated  in  the 
debates  of  Congress,  that  a  member  from  South  Ci^rolina  obr 


*  Art.  2.  sec.  2.  par.  2. 

f  Tlie  appropviatious  for  this  treulj-  were  jiasscd  by  n  vote  in  tljc 
House  of  51  to  48  ; — a  small  majority. 


TREATY  OF  '94  WITH  ENGLAND. 


205 


served,  in  the  House  of  Representatives  in  1789,  that  the 
people  of  the  southern  states  intended  to  cultivate  cotton, 
and  "  if  good  seed  could  be  procured,  he  believed  they 
might  succeed."  When  the  treaty  was  made,  the  amount 
of  the  export  could  not  be  ascertained  ;  for,  till  1802,  no 
discrimination  was  made  between  cotton  wool  of  domestic 
and  of  foreign  growth.  The  twelfth  article,  would,  there- 
fore, have  certainly  stopped  the  export  of  that  commodity, 
which  amounted,  at  the  time  this  article  would  have  expired 
by  its  own  limitation,  to  about  45,000,000  lbs.  annually. 
It  is  also  quite  clear,  that  this  article  would  have  broken  up 
the  greater  part  of  the  American  carrying  trade.  During 
the  continuance  of  it,  the  Americans  were  forbid  from  car- 
rying "  any  molasscsy  sugar,  coffee,  cocoa,  or  cotton,  in 
American  vessels,  either  from  his  Majesty^ s  islands,  or  from 
the  United  States,  to  any  part  of  the  ivorld,  except  the  Uni' 
ted  States.^^  This  provision  would  have,  in  effect,  deprived 
America  of  a  great  part  of  the  benefits  she  derived  from  a 
state  of  neutrality,  during  the  wars  in  Europe.  Access  to 
the  West  India  islands,  under  the  protection  of  treaty,  was 
abandoned  by  cancelling  this  article  ;  though  the  arranger 
nient,  as  to  the  burthen  of  the  vessel,  may  be  considered  a 
judicious  one.  Small  vessels,  with  high  waists,  both  on  ac- 
count of  the  outward  cargo  and  the  climate  of  the  islands 
(not  being  compelled  to  remain  long  to  dispose  of  their  stock, 
by  which  the  crew  are  saved  from  great  exposure)  r  e  pror 
bably  the  best  for  this  navigation.  A  merchant  s  J,  that 
with  the  70  ton  vessels,  allowed  in  the  treaty,  he  would 
have  brought  every  hogshead  of  sugar  from  the  West  India 
islands.  As  respected  that  trade,  it  was  the  best  article  in 
the  treaty  and,  thus  far,  the  only  formal  arrangement  we 
have  succeeded  in  making.  On  another  occasion,  an  inter- 
course was  permitted,  by  the  French  government,  with  their 
islands,  in  vessels  not  exceeding  sixty  tons  in  burthen.  The 
treaty  restored  the  posts  on  the  western  frontier  to  the 
Americans,  without  an  indemnity  for  their  long  detention,  or 
for  the  slaves  carried  off  by  Sir  Guy  Carleton.  The  English 
had  held  these  posts  twelve  years,  in  violation  of  the  treaty. 


HiiV 


206 


TREATY    OF    *0'4    WITH    ENOLANP. 


iihS!' 


The  provision  can  only  bo  considered  as  an  acknowledg- 
ment, on  the  part  of  the  Americans,  of  having  violated  the 
same  treaty,  to  the  extent  declared  by  the  English, — and  it 
was  an  absolute  surrender  of  the  property  removed  in  '83 
from  New- York. 

Ship  timber,  tar,  hemp,  sails  and  copper  were  declared 
contraband,  though  free  in  all  other  treaties  made  by  the 
United  States.  The  laws  of  nations  do  not  specifically  enu- 
merate them  as  subject  to  confiscation.  Provisions  also, 
were  declared  contraband,  according  to  modern  usages  ;* 
obviously,  an  arbitrary  distinction,  and  in  most  respects  un- 
meaning,— because  the  question,  in  the  correspondence  be- 
tween the  two  governments,  had  turned  upon  the  point, 
whether  public  law  rendered  them  contraband  or  not.  Re- 
ferring the  principle  to  this  standard  was,  in  other  words, 
acknowledging  the  pretensions  of  England,  for  wherever 
she  had  the  power  to  enforce  her  orders,  she  had  made 
provisions  subject  to  the  usual  penalties  of  war.  There 
was,  also,  an  express  declaration,  that  the  flag  did  not  cover 
the  merchandise.  This  is  the  only  treaty,  signed  by  Amer- 
ica, in  which  this  acknowledgment  can  be  found.  We  have 
never  been  able  to  obtain  from  England  a  denial  of  this 
right  of  the  belligerent,  but  silence  wears  a  different  aspect 
from  a  direct  confirmation  of  the  legality  of  the  practice. 
The  American  government  had,  however,  before  acknow- 
ledged this  principle,  in  its  official  correspondence.  We  re- 
fer to  a  passage  in  Mr.  Jefferson's  letter  of  July  '93.f  The 
I. '. 

*  The  article,  however,  entitled  them  to  the  riglit  of  preemption; 
though  this  provision  does  not,  in  reality,  alter  the  principle  of  the  sti- 
pulation. 

t  "Lcs  mnrchandizes  neutres  chargees  par  I'encmie  sont  libres 
mais  le  pavilion  neutrc  ne  neutralize  pas  la  marchandize  ennemic." 
(Schoell,  vol.  iv.  p.  15.)  This  is  the  leading  doctrine  in  the  oldest 
work  extant  on  maritime  law.  It  was  received  at  a  time  when  it  was 
easy  to  ascertain  the  ownership  of  goods  or  cargo — when  the  owner 
embarked  with  and  accompanied  his  goods  to  a  market.  The  appli- 
cation is  more  difHcult  in  modern  days.  Busin'^^-  i:-  now  done  by 
commission,  and  the  transfers  of  trade  arc  constairi,  and  exceedingly 


TREATY  OF  '94  WITH  ENGLAND. 


207 


treaty  did  not  define  the  right  of  search  or  blockade,  but  ac- 
knowledged both  in  general  terms. 

These  were  the  points  that  related  to  the  laws  of  nations; 
they  certainly  could  not  be  considered  as  favourable  to  the 
United  States  ;  but  these  were  doctrines  lingland  would  not 
relinquish,  as  this  government  has  had  abundant  experience. 
She  would  not  yield  them  to  the  armed  neutrality  of  '80, 
nor  has  any  one  state,  or  coalition  of  states,  yet  succeeded 
in  compelling  her  to  abate  a  tittle  from  a  rigorous  enforce- 
ment of  them.  Mr.  Jay's  treaty  has  been  called  an  instru- 
ment that  settled  nothing.  There  is  some  ground  for  the 
description.  The  position  and  boundaries  of  the  Mississippi 
and  the  St.  Croix,  the  debts,  and  the  spoliations,  were  re- 
ferred to  commissioners  ;  the  West  India  trade,  reciprocal 
duties,  contrabands,  the  neutral  flag,  and  provisions,  to  future 
negotiations.  These  were  really  the  principal  provisions  of 
the  treaty,  and  it  is  worth  while  to  trace,  for  a  moment, 
their  history.  The  north-western  and  north-eastern  ]i)oun- 
daries,  though  in  progress,  have  not  been  settled  to  this 
day  ;  the  commission  on  the  debts  was  suspended, — and  the 
American  government  agreed  to  pay,  under  the  convention 
with  Mr.  King,  in  1802,  a  sum  of  £600,000,  as  a  release 
from  the  obligations  of  the  sixth  article  of  Mr.  Jay's  treaty  ; 
the  West  India  trade  has  not  yet  been  secured  ;  and  Ihe 
great  questions  of  neutral  flag,  contrabands,  and  provisions, 
rest  in  the  same  profound  uncertainty  that  they  did  in  1794. 
But  the  treaty  was  not  without  some  advantages  to  the  Uni- 
ted States,  though  its  principal  advantage  consisted  in  its 
having  decided  the  question  of  neutrality  ; — if  it  settled  none 
of  the  leading  questions  of  neutral  rights,  it  at  least  pre- 
vented a  war,  at  a  moment  when  the  government  and  nation 
were  in  every  respect  unprepared, — in  itself  an  infinite 
benefit.  It  opened  all  the  ports  of  Great  Britain  in  Europe, 
on  equal  terms  ;  all  her  ports  in   the  East  Indies, — but  it 


involved.  England,  ut  the  peace  of  Utrecht,  acknowledged  that  the 
flag  covered  the  uicrchandisc.  The  basis  of  tlie  armed  neutrality  of 
1780  and  1800,  was  this  principle, — but  they  clFected  nothing  for  neu- 
tral commerce. 


208 


TREATY    OF    '94    WITH   ENGLAND. 


made  the  trade  round  the  Cape  of  Good  Hope  direct,  and 
forbid  the  coasting  trade.  Before  the  treaty,  the  Ameri- 
cans had  both  an  indirect  and  a  coastwise  trade  in  India. 
They  carried  cottons,  for  example,  from  the  British  settle- 
ments in  the  East  Indies,  to  Canton.  But  the  trade  to  In- 
dia and  Europe  depended,  before  1794,  on  the  pleasure  of 
the  British  government ;  it  was  now  secured  by  treaty. 

The  ratification  of  this  instrument  may  be  considered  the 
proper  solid  foundation  of  the  commercial  prosperity  of  the 
United  States.  The  first  act  of  the  government  that  proved 
the  stability  of  the  federal  constitution  ;  it  was  a  severe  trial ; 
and  the  steadiness,  with  which  the  shock  was  borne,  may  be 
attributed,  in  some  degree,  to  the  personal  character  of  the 
President.*     », 


,>■'.'. '•^M'-,  S'  i> 


*  In  1791,  tho  lords  of  the  committee  of  Privy  Council  made  a  mi- 
nute report  on  the  trade  of  England  with  America.  This  report  was 
intended  to  show  on  what  terms  it  would  he  favourahle  for  Great 
Britain  to  conclude  a  treaty  with  the  United  States.  The  West  India 
planters  were  desirous  of  having  an  intercourse  opened  with  America, 
immediately  after  the  peace  of  '83. — (Collection,  &c.  of  reports  on 
trade  and  navigation,  &c.  London,  1807,  pubhshed  by  order  of  the 
society  of  ship  owners,  &c.) 


>:ji    fit    L'-f.r-'-  :',  ■   J^S.l;:': '!,■■    :..■■'.".■■'        -■'< 


,    ;  ;  .    ,   '  f.  Irt^fii'yv 


:}.j.  ti.r't  •>'  ■  ,-■'   U''- 


iV     »-' 


■!/,rt        !••!     J       .        .):'.. 


'l'.^  I  "'.ii\  '  '■■'S 


(     209     ) 


CHAPTEH    VII. 


TKEATY  OF  1795  WITH  SPAIN. 


Spain  powerful  at  time  of  Revolution — Family  Compact — Great 
American  possessions — Franklin  appointed  minister  in  '77  to  Madrid 
— Important  letter — A.  Lee  goes  to  Dilboa — Letter  of  Grimaldi — 
Kurope  secretly  hostile  to  England — Spain  avoids  the  coalition-— 
.  Strives  to  reconcile  France  and  England — Fails — Declares  war 
against  England  in  '79 — Jay  sent  to  Spain — Received— Details  of 
his  proceedings — Makes  no  treaty^— English  governrtent  sent  Cum- 
berland to  Madrid — Fails — Important  instructions — De  Florida 
Blanco's  mistake  respecting  invitation  to  Jay — Carmichael^Chargi— 
Presented  at  Court — Letter  concerning  la  Fayette — Gardoquij 
Spanish  Chargi — Treats  respecting  boundaries — JVothing  done — 
South  and  JVorth  divide  on  the  navigation  of  the  Mississippi — South 
in  minority — Short  and  Carmichael,,  commissioners  to  Spain — Re- 
marks on  Mississippi — Important  instructions — Spain,  having  enter- 
ed the  coalition  of  '93,  unwilling  to  treat — Indians — Acts  of  hostili- 
ty in  Kentucky — Short — J^iar — Jaudcncs — Peace  of  Basle — Godoy 
— Pinckney  sent  to  Madrid — Treaty  of  San  Lorenzo  el  Real  with 
Prince  of  Peace — Right  of  deposite  at  AVw  Orleans  suspended — 
Eastern  and  Western  boundaries  of  Louisiana — France  opposes 
claims  of  United  States — Government  take  possession  of  W.  Florida 
— Folch — Kemper — Spoliations — Settled  by  transfer  of  E.  Florida 
— Humphreys — Yrujo — Bowdoin — Intercourse  renewed  in  1814^ 
Erving. 

m  ^x  the  time  of  the  declaration  of  independence^  Spain 
was  mistress  of  half  the  continent  of  South  America.  She 
was  one  of  the  most  powerful  nations  of  Europe,  not  only 
from  her  own  wealth,  valuable  colonies,  and  numerous  and 
well  appointed  army  and  navy,  but  in  consequence  of  an 
intimate  connexion  with  France.  The  "  family  compact," 
adopted  by  the  treaty  of  Paris  of  1761,  an  alliance  between 
VOL.   I.  27 


210 


TREATY    OF    '95   WITH    SPAIN. 


all  the  princes  of  tlio  house  of  Bourbon,  more  especially  the 
crowns  of  France  and  Spain,  still  existed.  By  that  instru- 
ment, those  two  powers  mutually  guarantied  their  states  and 
possessions,  and  assumed,  as  the  basis  of  their  alliance,  the 
diplomatic  maxim,  "  Qui  attaque  une  couronnc,  attaque  Tau- 
tre."  All  the  American  possessions  of  Spain  were  then 
entire  ;  she  enjoyed  an  active,  extensive  and  lucrative  com- 
merce;  and  was  as  determined  an  enemy  of  England  as 
France  herself. 

After  arrangements  had  been  made  by  the  Congress  of 
the  confederation  to  obtain  the  assistance  of  France,  one  of 
the  next  subjects  of  attention  was  Spain.  As  early  as  De- 
cember 1776,  it  was  resolved  to  send  commissioners  to  that 
country,  and,  in  the  beginning  of  the  next  year,  Dr.  Franklin 
was  appointed  the  first  envoy  to  Madrid,  though  he  never 
went  to  that  court.;'"'  but  while  in  Franc  •,  he  addressed  a 
letter  to  the  Count  d'Aranda,  at  that  time  tie  Spanish  minis- 
ter at  Versailles.  This  letter  will  be  found  in  the  memoirs 
of  Dr.  Franklin,  and  as  it  explains  in  a  few  words  the  situa- 
tion of  the  two  countries,  we  shall  extract  a  portion  of  it: 

"Passy,  April  7, 1777.  Sir, — I  left  in  your  excellency's  hands 
to  be  communicated,  If  you  plcnse,  to  your  court,  a  duplicate  of  iJie 
commission  from  the  Conq;rcss,  :n)pointing  me  to  go  to  Spain  as 
their  minister  plenipototjtiary.  Hut  1  understand  the  receiving 
such  u  minister  is  not  at  present  thought  convenient,  and  I  am  sure, 
the  Congress  would  have  done  nothing  that  might  incommode,  in 
the  least,  a  court  they  so  much  respect.  I  shall,  therefore,  post- 
pone that  journey  till  ci;'cumstanccs  may  make  it  more  suitable. 
In  the  mean  time,  1  beg  leave  to  lay  before  his  catholic  majesty, 
through  the  hands  of  your  excellency,  the  propositions  contained 
in  a  resolution  of  Congress  dated  December  30,  177G,  viz.,  "That 
if  his  catholic  majesty  will  join  with  the  United  States  in  a  war 
against  Oreat  Britain,  they  will  assist  in  reducing  to  the  possession 
of  Spain  toe  town  and  harbour  of  Ponsiicohi,  provided  the  inhabi- 
tants of  the  United  States  shall  have  the  free  navigation  of  the 
Mississippi,  and  the  use  of  the  harbour  of  Pensacola,  and  will  (pro- 

*  For  commission,  see  Secret  Journals,  vol.  li.  Jan.  1,  77. 


TREATY    OF    '95    WITH    SPAIN. 


211 


vided  it  shall  bo  true  Ihnt  his  Portuguese  mnjesty*  bns  insuUiDgly 
expelled  the  vessels  uf  these  Slates  from  his  ports,  or  has  confiscat- 
ed any  such  ve!:>scli<)  declare  war  against  the  said  king,  if  that 
measure  shall  be  agreeable  to,  and  supported  by,  the  courts  of 
France  and  Spain/'  It  is  understood  that  the  strictest  union  sub- 
sists between  these  two  courts,  and,  in  case  Spain  and  France 
should  think  fit  to  attempt  the  conquest  of  the  English  sugar  isl- 
ands, the  Congress  have  further  proposed  to  furnish  provisions  to 
the  amount  of  two  milliuns  of  dollars,  and  to  join  the  fleet  employ- 
ed on  the  occasion  with  six  frigates,  of  not  less  than  24  guns  each, 
manned  and  fitted  for  service,  and  to  render  any  other  assistance, 
which  may  be  in  tlioir  power,  as  becomes  good  allies,  without 
desiring  for  themselves  the  possession  of  any  of  the  said  islands." 

A  few  months  before  the  date  of  this  letter  Arthur  Lee, 
at  the  request  of  Messrs.  Franklin  and  Dcanc,  undertook  a 
journey  to  Spain,  lie  arrived  at  Bilboa  in  March,  though 
he  was  not  provided  with  a  special  appointment,  and  appears 
to  have  had  no  other  object  than  to  obtain  money  and  sup- 
plies, lie  was  furnished  with  a  letter  and  passports  from 
the  Spanish  Minister  at  Paris,  but  the  king  would  not  allow 
him  to  proceed  to  Madrid  from  the  extreme  difficulty  of 
maintaining  his  incognito.      Don  Diego  Gardoqui  was,  how- 

*  In  consoqjioncc  of  tlic  celebrated  Metliucn  treaty,  the  greater  part 
of  the  Portuguese  coniniorcc  had  fallen  into  the  hands  of  the  English, 
and  those  two  countries  were  in  a  strict  alliance  and  friendship.  In 
the  letter  of  B.  Franklin  quoted  in  the  text,  the  reader  will  probably 
bo  struck  W'tli  the  uncoiiunon  willingness  of  the  Congress  to  engage 
in  foreign  connexions,  though  the  motives  and  reasons  uf  such  mea- 
sures are  abundantfy  apparent  and  satisfactory.  Still  it  is  remarkable, 
how  few  they  formed  ;  how  entirely  they  escaped  from  every  sort  of 
entangling  league  and  association,  with  the  single  exception  of  the 
provision  respecting  the  guaranty  in  the  treaty  of  '78  with  France. 
This  circumstance  is  the  more  extraordinary,  because  England  was 
at  that  time  the  common  enemy  of  Europe,  and  an  almost  general 
armed  confederation  liad  been  entered  into  against  her.  America  is 
indebted  for  this  good  forlunc,  not  only  to  the  skill  and  discretion  of 
her  rulers,  but  to  her  "  distant  and  detached  situation,"  ond  to  a  very 
common  impression  in  Europe  of  her  weakness  and  inabihty  to  ren- 
der valuable  assistance  to  any  cause. 


Wm> 


212 


TREATY    or    '96    WITH    SPAIN. 


m, 


ever,  sent  from  the  capital  to  meet  Lee,  and  a  correspond 
dence,  somewhat  protracted,  took  place  between  them  on 
the  subject  of  contracts  for  supplies  and  shipments,  made  on 
American  account  at  Biiboa.  The  same  general  dilficulty, 
that  prevented  other  powers  in  Europe  from  joining  the  colo- 
nies, threw  Spain,  also,  into  a  state  of  very  equivocal  neu- 
trality, though  at  this  early  period,  enough  had  been  done 
to  manifest  her  favourable  disposition.  An  otiicial,  though 
secret,  intercourse  with  the  government  was  allowed  Mr. 
Lee,  and  in  the  month  of  April  1777  the  Duke  Grimaldi, 
himself,  delivered  into  the  hands  of  the  American  agent  at 
Vittoria  the  following  paper — "  You  have  considered  your 
own  situation  and  not  ours.  The  moment  has  not  come  for 
us.  The  war  with  Portugal,  BVance  unprepared,  our  trea- 
sure from  America  not  arrived,  make  it  improper  for  us  to 
declare  immediately.  These  reasons  will  probably  cease 
within  a  year,  and  then  will  be  the  moment." 

A  single  observation  is  suggested  by  the  secret  visits  of 
the  American  agents  in  the  beginning  of  the  Revolution  to 
the  different  courts  of  the  European  continent.  The  peace, 
maintained  by  the  greater  part  of  these  States  with  England, 
was  exceedingly  hollow,  and  if  one  might  judge  of  what 
was  about  to  overtake  that  nation  from  the  political  symp- 
toms, privately  disclosed,  it  was  obvious  her  downfall  was 
near  at  hand.  The  truth  is,  several  of  those  governments 
still  felt  the  ancient  grudges  of  the  two  last  wars,  rankling 
in  their  cabinets,  and  all  were  alarmed  at  the  sudden  deve- 
lopment of  English  resources  and  prosperity,  and  the  great 
accession  of  power  and  territory,  that  followed  the  treaty  of 
1763.  But  the  corruption,  the  canker,  the  decay  preying 
upon  and  wasting  France,  itself,  saved  England  from  that 
terrible  day. 

At  the  same  time,  Spain  showed  a  great  disinclination 
to  take  an  open  part  in  the  war  declared  in  1778  ;  and  the 
measures,  adopted  by  France  to  induce  her  to  this  step,  were 
at  first  received  with  uncommon  coolness.  B\'jtigued  by  her 
former  contests,  though  of  a  recent  date,  and  holding,  herself, 
extensive   and  valuable  foreign  possessions,   Spain  did  not 


TREATY    OF    '95    WITH    SPAIN. 


313 


view  the  struggles  of  the  Amcricnns  with  entire  complacen- 
cy. A  writer  of  the  day  hu8  prophecicJ,  with  remarkable 
exactness,  the  time  and  manner  of  the  emancipation  of 
Spanish  America;*  and  though  the  Spanish  government 
might  have  had  little  faith  in  such  predictions,  it  could  not 
have  been  ignorant  that  the  example  of  the  North  American 
colonies  would  have  been  attended  with  pernicious  conse- 
quences to  the  metropoles  of  the  old  world.  France  ex- 
ceedingly desired  the  assistance  of  Spain  in  this  business, 
particularly  as  the  navies  of  the  two  countries  were,  united, 
greatly  superior  to  that  of  England. f  The  FreT,<!h  king 
even  wrote,  in  the  beginning  of  the  year,  letters  in  Im  own 
hand  to  his  catholic  majesty,  urgin'^  him  to  enter  into  the 
coalition  : 

"  England,  our  common  and  inveterate  enemy,  lias  been  engaged 
for  three  years  in  a  war  with  her  colonies.  Wo  have  agreed  not 
to  take  a  part  in  it,  and,  considering  both  parties  as  Engliiih,  wc 
have  made  the  commerce  of  our  state  free  to  whoever  should  find 
his  advantage  in  it.  In  this  way  America  has  provided  herself 
with  those  arms  and  munitions,  of  which  she  was  in  want.  I  do  not 
speak  of  the  aid  we  have  given  that  country  in  money  and  other 
articles,  the  whole  having  been  done  in  the  ordinary  course  of 
commerce.  England  has  shown  some  vexation  at  (his  circumstance, 
and  we  are  not  ignorant  that  she  will  sooner  or  later  revenge  her- 
self. This  was  the  situation  of  the  business  the  last  November. 
The  destruction  of  iJurgoyne  and  the  embarrassments  of  llowo 
have  changed  the  face  of  things.  America  is  triumphant ;  Engr 
land  is  cast  down.  But  her  vast  marine  is  still  entire,  and  having 
abandoned  the  idea  of  conquering  the  colonies,  she  has  resolved  to 
form  an  alliance  with  them.  All  parties  in  England  are  agreed  in 
this  particular.  liord  North  has  himself  announced  apian  of  paci- 
tication.  It  does  not  much  signify  to  us,  whether  he  or  any  other 
minister  is  in  place,   actuated  by  difierent  motives,  they  will   still 

*  Pownal. 

t  The  coniMned  fleets,  commanded  hy  Count  d'Orvillicrs,  consisting 
of  60  sail  of  the  line,  besides  frigates,  appeared  the  next  year  in  the 
English  channel.  This  was  the  most  numerous  and  formidable  arma- 
meiit  ever  seen  on  those  coasts. 


'^Hli 


2U 


TREATY    OF    '95    WITH    SPAIN. 


unite  against  us.     It  is  very  important  to  prevent  the  reunion  of  the 
colonies  with  the  mother  country,'''' 

-The  answer  of  the  king   of  Spain,  Charles  III.  was   ex- 
tremely cold  and  circumspect  ;  he  was  naturally  of  a  pacific 
turn,  then  much  advanced  in  life,  and  not  disposed  to  disturb 
the  remainder  of  his  days   by  a  destructive  war.     He  ap- 
pears, also,  to  have  been  ofiended  in  not  having  been  con- 
sulted  respecting    the  treaties   made  by  France  with    the 
United  States;  as  the  family  compact  of  1761  entitled  him  to 
this  attention  and  privilege.      Determined  to  avoid   hostili- 
ties, Spain  despatched  instructions  to  her  minister  at  London, 
to  offer  the  mediation   of  his  court.      But  England,  having 
required   that  France  should  retire  altogether  from  the  con- 
test, preparatory  to  negotiation,   and    France,  on  her   side, 
demanding  that  England  should  recognise  the  independence 
of  the  thirteen  colonies,  the    Spanish    minister,  the  Count 
d'Almadovar,  found  it  impossible  to  reconcile  terms  so  entire- 
ly at  variance.      But  the  efforts   of  Spain,  to  obtain  an  ac- 
commodation, did  not  end  on  the  occasion  of  this  first  disap- 
pointment.     Three  other  plans  for  an  arrangement,  proposed 
by  her,   successively  failed.       England    could   not    forgive 
France  for  her  interference  in  the  affairs  of  North  America, 
and,   while    that    country  remained  the    ally   of  the   United 
States,  she  resolutely  rejected   all   attempts  at  negotiation. 
In  June  '79,  M.  d'Almadovar  withdrew  from  the  court  of  St. 
James;  and  England  having  already  committed  acts  of  vio- 
lence on  the  Spanish  dominions,  his  catholic  majesty  could  no 
longer  avoid  the  obligation  of  the   treaty,   establishing  the 
family  compact.      War  was  accordingly   declared   in  June  of 
the  same  year.*     This  declaration  was  made  in  consequence 

*  Spain  was  probably  induced  to  join  the  league,  from  the  expecta- 
tion she  had  of  recovering  Iicr  lost  possessions.  Ininiediately  after 
the  rupture,  a  Spanish  force  took  possession  of  Baton  Rouge,  and 
finally  conquered  the  whole  of  West  Florida.  'J'he  terms  on  which 
Spain  proposed  lier  mediation  to  England  will  he  found  in  n  letter  of 
April  3,  1779  of  IVI.  de  La  Luzerne  to  Congress.  On  the  subject  of  the 
invasion  of  Florida,  it,  also,  appears  from  the  same  correspondence, 
that  in  Nov.  1779  a  Spanish  oflicer,  Don  Juan  de  Mirailles,  applied, 


-/-iirj.4.,_  ■ 


TREATY    or   '95    WITH    SPAIN. 


215 


jnsequence 


of  a  convention  concludfid  with  France  in  the  preceding 
April.  The  independence  of  the  Thirteen  States  was, 
however,  not  acknowledged  in  this  instrument,  though,  by 
the  treaty  between  France  and  America,  Spain  was  entitled 
to  accede  to  the  alliance  whenever  she  thought  fit,  and  to 
have  the  benefit  of  all  the  stipulations. 

In  September  1779,  John  Jay  of  New- York  was  elected 
by  Congress,  minister  plenipotentiary  to  negotiate  a  treaty 
with  Spain.  Besides  the  general  terms  of  his  commission, 
Mr.  Jay  was  furnished  with  particular  instructions  to  guaranty 
the  two  Floridas  to  Spain  on  condition  that  the  free  navfga- 
tion  of  the  Mississippi  should  be  secured  to  this  country. 

In  the  autumn  of  '79,  Mr.  Jay  embarked  for  Europe  in  a 
vessel  with  M.  Gerard,  the  French  minister,  then  on  his 
return  to  France.  Soon  after  leaving  the  coast,  they  had 
the  misfortune  to  meet  with  violent  gales,  and  their  ship 
having  lost  its  masts,  they  were  driven  to  the  southward, 
and  for  shelter  put  into  Martinique.  Mr.  Jay  succeeded, 
however,  in  reaching  Cadiz  in  safety  the  beginning  of  the 
next  year.  From  that  place  he  sent  William  Carmichael, 
his  secretary,  to  Madrid  with  a  letter  of  introduction  to  the 
minister  Galvez,  with  instructions  to  ascertain,  whether  the 
American  envoy  would  be  received,  and  on  what  terms,  by 
the  Spanish  court.  Anticipating  that  the  secretary  might  be 
led  into  some  discourse  on  American  atTairs,  Mr.  Jay  charged 
him  "  to  do  justice  to  Virginia  and  the  western  country  near 
the  Mississippi.  Recount  their  achievements  against  the 
savages,  their  growing  numbers,  extensive  settlements  and 
aversion  to  Great  Britain   for  attempting  to  involve  them  in 

by  the  intervention  of  the  French  minister,  to  Congress  for  aid  in  sub- 
duing, in  conjunction  vvitii  a  nuvnl  and  lund  force  of  his  cntholic  majes- 
ty, Pensncolii  and  St.  />iigustine.  And  in  a  report,  made  by  a  com- 
mittee of  Congress  om  this  application,  it  was  recommended  that  the 
United  States  should  employ  a  considerable  number  of  troops  for  that 
purpose.  The  failure  in  October  of  the  attack  on  Charleston,  and  the 
Htate  of  things  in  the  whole  southern  department,  probably,  defeated 
the  project. 


216 


TREATY    OF   '95   WITH   SPAIN. 


the  horrors  of  Indian  warfare.  Let  it  appear  also,  from 
your  representations,  that  ages  will  be  necessary  to  settle 
those  extensive  regions.^^  The  Spanish  court  granted  leave 
to  Mr.  Jay  to  come  to  Madrid,  but  not  in  a  formal  manner, 
which  could  not  be  allowed,  till  a  public  acknowledgment  of 
the  independence  wns  accomplished.  Spain,  being  then  em- 
barked in  the  common  war  with  England  and  the  ally  of 
France,  also  the  ally  of  the  United  States,  this  course  is 
somewhat  difficult  to  explain.  "  His  majesty"  continues  the 
Count  Florida  Blanca  in  his  letter  of  February  24,1 780,  writ- 
ten to  Mr.  Jay  on  this  occasion,  "  thinks  it  necessary,  in  the 
first  place,  that  the  manner,  form,  and  the  mutual  corres- 
pondence should  be  settled,  upon  which  that  union  must  be 
founded,  the  United  States  desires  to  establish  with  this 
country." 

In  a  long  letter,  composed  with  care  and  ability,  Mr.  Jay 
presented  a  full  and  just  view  of  the  situation  of  the  United 
States.  The  document  was  communicated  in  April  to  the 
Spanish  government ;  and  even  thus  early  after  his  arrival 
at  Madrid,  the  Count  Florida  Blanca  informed  the  American 
envoy,  that  the  only  obstacle  to  a  successful  negotiation  was 
the  recognition  of  the  Mississippi.  Spain,  at  that  period, 
seems  to  have  formed  a  plan  for  getting  entire  possession  of 
the  shores  of  the  Gulf  of  Mexico,  and  of  excluding  all  na- 
tions from  its  waters,  a  project  by  no  means  difficult  of  exe- 
cution, considering  the  extent  of  her  dominion  in  that  quar- 
ter.— Mr.  Jay  had  been  received  by  the  foreign  ministers  at 
Madrid  with  uncommon  coldness ; — in  other  respects  he  was 
well  satisfied,  during  the  first  few  months,  with  his  situation. 
His  correspondence  with  the  minister  was  principally  con- 
fined to  the  drawing  of  bills  to  pay  for  the  cloths  bought  by 
Arthur  Lee.  And  at  one  time  the  king  offered  the  envoy 
his  personal  responsibility  to  enable  him  to  negotiate  a  loan 
for  1 50,000  dollars.  "  Thus  things"  remarks  Mr.  Jay  in  a 
letter  of  July  5,  1780,  "  were  apparently  in  a  good  train, 
when  the  news  of  the  loss  of  Charleston  became  credible. 
The  eflfect  of  it  was  as  visible  the  next  day  as  that  of  a  hard 
night's  frost  on  young  leaves."    From  this  moment  the  minister 


TREATY    OF    '95    WITH    SPAIN. 


217 


met  with  delay  and  cold  loolc^^  on  every  hand,  and  de  Flo- 
rida Blanca  declared  nothing  could  bo  done,  till  the  arrival 
of  a  person  at  Madrid,  who  was  to  succeed  M.  Mirailles  at 
Philadelphia,  an  individual  employed  by  Spain  to  give  them 
information,  and  who,  it  appears,  had  died  that  spring  in  the 
United  States.  In  the  mean  time,  Mr.  Jay  was  extremely 
embarrassed  by  the  bills  drawn  on  him  by  Congress  ; — for 
many  days  he  was  threatened  with  protests, — the  credit  of 
the  country  being  at  the  lowest  possible  ebb.  Towards  the 
end  of  the  summer,  the  king  again  offered  his  name  for 
^  150,000,  but  no  cash  could  be  obtained  or.  the  credit  of 
it,  either  in  France  or  England  ;  and  in  September  1780, 
we  find  that  ^  50,000  of  bills  still  remained  without 
acceptance.  Some  intimations  were,  indeed,  given  that 
money  would  be  furnished,  if  the  United  States  would  re- 
linquish their  claim  to  the  Mississippi.  *■<■  The  Count  said 
this  morning  (September  23,  '80)  with  warmth,  that  unless 
Spain  could  exclude  all  nations  from  the  Gulf  of  Mexico, 
they  might  as  well  admit  all.  That  the  king  would  never 
relinquish  that  object,  that  the  ministry  regarded  it  as  the 
principal  thing  to  be  obtairied  by  the  war,  and  that  obtained 
he  should  be  easy,  whether  Spain  obtained  other  cessions  or 
not.  The  acquisition  was  much  more  important  than  that 
of  Gibraltar  "  This  expression  fully  explains  the  hesitation 
manifested  by  the  Court  of  the  Escurial,  to  engaging  in  an 
alliance  with  the  United  States. 

.  The  English  government  made  an  attempt  this  summer 
to  detach  Spain  from  the  alliance  with  France.  Mr.  Richard 
Cumberland,  well  known  as  the  author  of  various  produc- 
tions, principally  of  a  literary  description,  was  employed  in 
a  secret  mission  to  Madrid.  In  the  entertaining  Memoirs, 
written  of  himself,  he  has  given  an  account  of  this  business, 
though  we  have  no  means  of  ascertaining  the  precise  propo- 
sals he  was  authorized  to  offer. 

"  My  destination  was  to  repair  to  the  neutral  port  of  Lisbon, 

there  to  abide  whilst  the  Abbe  Ilussey,  chaplain  to  his  Catholic 

Majesty,  proceeded  to  Aranjuez,  and  by  the  advice  which  he  should 

send  me,  I  was  to  be  governed  in  the  alternative  of  either  going 

VOL.  I.  28 


218 


TREATY    OF    '95   WITH   SPAIN. 


to  Spain,  for  the  purpose  of  carrying  my  instructions  into  execu* 
lion,  or  of  returning  home  by  the  same  ship  that  conveyed  me 
thither,  which  was  ordered  to  wait  my  determination  for  the  space 
of  three  weeks,  unless  dismissed  or  employed  by  me  within  that 
period.  I  was  to  take  my  wife  and  two  daughters,  Elizabeth  and 
Sophia  with  me,  on  the  pretence  of  travelling  into  Italy  upon  a 
passport  through  the  Spanish  dominions."         ,    -  jf 

By  a  letter  to  the  Secretary  of  State,  dated  Lisbon,  June 
7,  1780,  Mr.  Cumberland  appears  to  have  departed  some- 
what from  his  instructions  by  going  into  Spain.  Be  that  as 
it  may,  he  arrived  the  1 8th  of  the  same  month  at  Aranjuez, 
and  the  next  day  was  not  only  visited  by  the  principal  per- 
sons of  the  government,  but  the  same  evening  had  an  inter- 
view with  the  first  minister  of  state.  We  mention  these 
circumstances,  in  themselves  insignificant,  to  show  that  his 
visit  was  neither  unexpected  nor  disagreeable  to  the  Spanish 
court. 

"  I  will  only  say,  that  my  treaty  was  in  shape,  and  such  as  my 
instructions  would  have  warranted  me  to  transmit  and  recommend. 
Spain  had  received  a  recent  check  from  Admiral  Rodney,  Gibraltar 
had  been  relieved  with  a  high  hand ;  she  was  also  upon  very  delicate 
and  dubious  terms  with  France.  The  crisis  was  decidedly  in  my 
favour,  my  reception  flattering  in  the  extreme,  the  Spanish  nation 
was  anxious  for  peace,  and  both  court,  ecclesiastics  and  military 
anti-gallican.  The  minister  did  not  lose  an  hour  after  my  arrival, 
but  with  much  apparent  alacrity  in  the  cause  immediately  pro- 
ceeded to  business.  I  never  had  any  reason  upon  reflection  to 
doubt  the  sincerity  of  Count  Florida  Blanca  at  this  moment,  and 
verily  believe  we  should  have  advanced  the  business  of  the  pre- 
liminaries, if  the  fatal  news  of  the  riots.*  had  not  most  critically 
come  to  hand  that  very  day,  on  which  by  the  minister's  own  ap- 
pointment we  were  to  meet  for  fair  discussion  of  the  terms,  while 
nothing  seemed  to  threaten  serious  difficulty  or  disagreement  be- 
tween us." 

Mr.  Cumberland  remained  till  November  1781,  neither 
accomplishing  the  object  of  his  mission,  nor,  as  appears  from 

*  Lord  George  Gordon's  No  popery  mobs  are  probably  meant. 


TREATY    OF   '95   WITH   SPAIN. 


219 


his  memoirs,  giving  satisfaction  to  his  own  government.  He 
does  not  allude  upon  any  occasion  to  Mr.  Jay  or  the  Ameri* 
can  subject ;  but  from  an  expression  in  a  letter  to  the  earl 
of  Hillsborough  of  December  9,  1780,  it  seems  he  was  di- 
rected not  to  make  the  "  Rebellion"  of  the  colonies  matter 
of  negotiation.  It  is  well  known  England  took  the  same 
ground  with  France.  Mr.  Cumberland's  negotiation  appears 
to  have  failed  on  account  of  some  difficulty  respecting  Gib- 
raltar. But  that  Spain  was  in  the  secret  of  his  mission  is 
evident  from  the  circumstance,  that  Count  Florida  Blanca 
informed  Mr.  Jay,  he  had  come  to  Madrid  on  account  of  the 
health  of  his  daughter,  a  pretence  he  had  adopted  by  direc- 
tion of  his  own  government. 

Notwithstanding  Mr.  Cumberland  failed,  Mr.  Jay  was  not 
accredited  ;  and  it  was  not  till  he  had  been  ten  months  at 
Madrid,  that  he  obtained  a  formal,  serious  conference  on  the 
subject  of  a  treaty,  a  very  remarkable  circumstance,  as  Spain 
had  now  been  engaged  in  the  war  more  than  two  years. 
The  invariable  excuse  offered  for  this  delay  was  the  too 
pressing  affairs,  the  vexatious  engagements  of  the  minister. 
(Ses  affaires  toujours  pressantes,  ses  incommodites  habituel- 
les.)  But  no  propositions  were  even  then  made  by  the 
Spanish  government.  In  September  1781,  Mr.  Jay  submit- 
ted the  following,  among  many  other  stipulations,  for  a  treaty, 
which  we  notice  only  on  account  of  the  extremely  valuable 
privilege  and  right  it  was  proposed  to  abandon.  This  was 
done  by  order  of  Congress,  perhaps,  as  events  have  shown, 
the  most  disastrous,  fatal  proposition  ever  made  by  this 
country.  "  The  United  States  shall  relinquish  to  His  Ca- 
tholic Majesty,  and  in  future  forbear  to  use,  or  attempt  to 
use,  the  navigation  of  the  Mississippi  from  the  31st  degree 
of  north  latitude,  that  is,  from  the  point  where  it  leaves  the 
Unitod  States,  down  to  the  ocean."  ^  -^ 

The  treatment  of  the  American  envoy  at  Madrid  was  sen- 
sibly felt  by  this  country.  One  of  the  commissioners  at  that 
time  in  Europe,  observes,  "  the  slight  Spain  has  put  upon 
our  proffered  friendship  is  very  disreputable  to  us,  and  of 
course  hurtful  to  our  affairs  elsewhere."     And  in  February 

y 


mm) 


/ 


220 


TREATY    OF    '95    WITH    SPAIN. 


1782  Mr.  Jay  himself  remarked:  "The  conduct  of  this 
Court  bears  few  marks  of  wisdom.  The  fact  is,  they  have 
little  money,  less  credit,  and  very  moderate  talents."  The 
difficulty  of  procuring  money  for  the  bills,  drawn  by  Con- 
gress, was  the  greatest  and  most  constant  vexation  to  which 
our  ministers  in  Europe  were  exposed.  No  one  suffered 
more  in  this  way  than  Mr.  Jay.  And  at  last  being  totally 
unable  to  procure  the  necessary  funds,  he  was  subject  to  the 
humiliating  measure  of  recording  a  protest  on  a  considerable 
amount  of  the  draughts. 

"  Mr.  Jay  declares,  that  when  he  accepted  the  bills  hereunto 
annexed,  he  had  good  reasons  to  expect  to  be  supplied  with  the 
funds  necessary  to  pay  tlicm.  That  he  has  been  disappointed  in 
the  expectations  he  had  been  encouraged  to  entertain  on  this  sub- 
ject, and  that  his  endeavours  to  obtain  money,  both  here  and  else- 
where, have  been  unsuccessful,  though  the  bills  remaining  to  be 
paid,  together  with  all  other  engagements,  do  not  exceed  £25,000. 
That  these  disappointments  being  unexpected,  he  cannot  for  want 
of  time  have  recourse  to  Congress,  and  therefore  finds  himself  re- 
duced to  the  mortifying  necessity  of  permitting  the  bills  to  be  pro- 
tested." "  The  national  pride  of  the  French  minister,"  observes 
Mr.  Jay,  *'  was  hurt  by  this  event  (protest).  I  am  sure  he  regret- 
ted it  ns  disreputable  and  impolitic.  He  told  me  this  winter,  he 
believed  Spain  wished  to  modify  our  independence,  and  to  keep 
herself  in  a  situation  to  mediate  between  us  and  England  at  a  gep- 
eral  peace."  ,  . 

The  money  for  these  bills  was  at  last  procured  from  Franee ; 
after  all,  the  only  power  in  Europe  that  rendered  us  any 
solid,  seasonable  assistance.  •  v-    '""' 

Mr.  Jay  remained  in  Madrid  till  May  '82,  but  he  was 
never  accredited,  nor  admitted  to  any  continued  discussions 
on  the  subject  of  a  treaty.  His  intercourse  with  the  Spanish 
government  was  restricted  to  an  irritating  negotiation,  re- 
specting a  small  loan  of  money  and  the  redemption  of  the 
Congress  bills.  He  appears  all  along  to  have  considered  it 
doubtful,  whether  the  United  States  would  not  be  compelled 
to  abandon  the  Mississippi  for  an  acknowledgment  of  inde- 
pendence by  Spain  ;    he  thought,  also,  that  Spain,  notwith- 


TREATY    OF    '95    WITH    SPAIN. 


221 


standing  the  wishes  of  France,  was  by  no  means  ready  for  a 
peace,  having  her  eye  fixed  upon  Gibraltar  in  Europe,  as  on 
the  Gulf  of  Mexico  in  America.  Early  in  the  spring  the 
news  from  England  proved  favourable  to  the  Americans  ; 
and  it  being  known  at  Madrid,  that  the  minister  at  Paris 
had  obtained  from  France  a  loan  of  6,000,000  of  livres,  Mr. 
Jay  had  the  agreeable  surprise  of  receiving  one  morning  9 
note  from  the  Count  Florida  Blanca,  in  these  words  :  "  The 
Count  de  Florida  Blanca  has  been  to  take  the  orders  of  your 
Excellency  for  Aranjuez,  ivhere  he  hopes  to  have  the  honour 
of  the  company  of  your  Excellency  at  his  table  every  Satur^ 
day  after  the  ilth  of  May  ensuing ;^^  the  first  note  of  the 
sort  the  American  minister  had  received,  and,  according  to  the 
customs  of  the  Spanish  court,  a  place  at  the  Count's  public 
table  at  Aranjuez  was  considered  equivalent  to  a  recognition — 
an  official  proceeding.  But  the  Spanish  Secretary  of  State 
soon  repented  of  this  indiscretion,  and,  as  had  happened  to 
Dr.  Franklin  at  Paris  in  a  somewhat  similar  accident,  the 
mistake  was  immediately  attributed  to  the  fault  of  the 
Count's  messenger.  No  one  else,  indeed,  could  be  blamed. 
The  invitation  was  in  the  hand  writing  of  de  Florida  Blanca's 
private  secretary,  and  was  delivered  by  a  bearer  who  had 
never  made  a  mistake  of  the  kind,  the  whole  lime  Mr.  Jay  was 
in  Madrid.  The  Count,  also,  authorized  the  French  minister 
to  say  to  Mr.  Jay,  that  he  had  obtained  the  consent  of  the 
king,  on  account  of  his  Majesty's  respect  for  the  American 
people^  to  invite  Mr.  Jay  to  his  table  "  as  a  private  gentle- 
man of  distinction  of  that  country. ^^  But  as  Mr.  Jay  held 
another  station  besides  that  of  a  private  gentleman,  he  never 
had  the  honour  of  dining  with  the  Count. 

Spain  was  not  willing  to  accede  to  the  alliance  between 
France  and  the  United  States  ;  for  she  felt  apprehensive, 
undoubtedly,  for  her  possessions  in  Florida  and  Louisiana. 
She  obviously  anticipated,  at  that  early  hour,  many  of  the 
diflSculties  that  have  since  arisen,  and  refused  to  grant  to  the 
United  States  the  free  navigation  of  the  Missis^ppi,  or  to 
establish  that  river  as  the  western  boundary.  This  business 
will  be  better  understood  by  extracting  part  of  the  letter  of 


'Hi; 


222 


TREATY    or    '95    WITH    SPAIN. 


*■;■■ 


ill 
111 


I; 
ill 


instructions  written  by  Congress  to  Mr.  Jay  in  October  '80. 
The  reader  will  perceive,  how  very  early,  in  the  history  of 
this  country,  those  intricate  questions  arose  with  Spain,  that 
subsequently  were  attended  with  such  sore  and  increasing 
trouble.  ? 

*^  It  is  a  fundamental  principle,  in  all  lawful  government!*,  and 
particularly  in  the  constitution  of  the  British  empire,  that  all  the 
rights  of  sovereignty  arc  intended  for  the  benefit  of  (hose,  from 
whom  they  are  derived,  and  over  whom  they  are  exercised.  It  is 
known,  also,  to  have  been  held  for  an  inviolable  principle  by  the 
United  States,  while  they  remained  a  pnrt  of  the  British  empire, 
that  the  sovereignty  of  the  king  of  England,  with  all  the  rights  and 
powers  included  in  it,  did  not  extend  to  them  in  virtue  of  his  being 
acknowledged  and  obeyed  as  king  by  the  people  of  England,  or  of 
any  other  part  of  the  empire,  but  in  virtue  of  bis  being  acknow- 
ledged and  obeyed  as  king  of  the  people  of  America  themselves, 
and  that  this  principle  was  the  basis,  first  of  their  opposition  to,  and 
finally  of  their  abolition  of,  his  authority  over  them.  From  these 
principles  it  results,  that  all  the  territory,  lying  within  the  limits  of 
the  states  as  tixed  by  the  sovereign  himself,  was  held  by  him  for 
their  particular  benefit,  and  must  equally,  with  his  other  rights  and 
claims  in  quality  of  their  sovereign,  be  considered  as  having  devolv- 
ed on  them  in  consequence  of  their  resumption  of  the  sovereignty 
themselves.  In  support  of  this  position,  it  may  be  further  observed, 
that  all  the  territorial  rights  of  the  king  of  Great  Britain  within 
the  limits  of  the  United  States,  accrued  to  bim  from  the  enterprizes, 
the  risks,  the  sacrifices,  the  expense  in  blood  and  treasure  of  the 
present  inhabitants  and  their  progenitors.  To  Spain,  claiming 
the  territory  about  the  Mississippi  by  the  right  of  conquest,  it 
is  answered,  that  a  right  founded  on  conquest  being  only  coexten- 
sive with  the  objects  of  conquest,  cannot  comprehend  the  circum- 
jacent territory.  That  if  a  right  to  the  said  territory  depended 
on  the  conquests  of  the  British  posts  within  it,  the  United  States 
have  already  a  more  extensive  claim  to  it  than  Spain  can  acquire, 
having,  by  the  success  of  their  arms,  obtained  possession  of  all  the 
important  posts  and  settlements  on  the  Illinois  and  Wabash,  rescued 
the  inhabitants  from  British  domination,  and  established  civil  gov- 
ernment in  its  proper  form  over  them.  They  have,  moreover, 
established  posts  on  the  strong  and  commanding  situation  near  the 


TREATY    OF   '95   WITH    SPAIN. 


223 


mouth  of  the  Ohio,  whereas,  Spnin  has  n  claim  by  conquest  to  no 
post  above  the  northern  bounds  of  West  Florida,  except  that  of  the 
Natchez,  nor  are  there  any  other  British  posts  below  the  mouth  of 
the  Ohio  for  ihclr  arms  to  be  employed  against.  That,  whatever 
extent  ought  to  be  ascribed  to  the  right  of  conquest,  it  must  be 
admitted  to  have  limitations,  which  in  the  present  case,  exclude 
the  pretensions  of  his  catholic  majesty.  If  the  occupation  by  the 
king  of  Great  Britain  of  posts  within  the  limits  of  the  United  States, 
as  dellned  by  charters  derived  from  the  said  king,  when  consti- 
tutionally authorized  to  grant  them,  makes  them  lawful  objects  of 
conquest  to  any  other  power  than  the  United  States,  it  follows, 
that  every  other  part  of  the  United  States,  that  now  is,  or  may 
hereafter  fall  into  the  hands  of  the  enemy,  is  equally  an  object  of 
conquest.  Not  only  New- York,  Long  Island,  and  the  other  islands, 
in  its  vicinity,  but  almost  the  entire  states  of  South  Carolina,  and 
Georgia  might,  by  the  interposition  of  a  foreign  power  at  war  with 
their  enemy,  be  forever  severed  from  the  American  confederacy, 
and  subjected  to  a  foreign  yoke.  But  is  such  a  doctrine  consonant 
to  (he  rights  of  nations,  or  the  sentiments  of  humanity  ?  Does  it 
breathe  that  spirit  of  concord  and  amity,  which  is  the  aim  of  the 
proposed  alliance  with  Spain  1  Would  it  be  admitted  by  Spain, 
herself,  if  it  affected  her  own  dominions  ?  Were,  for  example,  a 
British  armament  by  a  sudden  enterprizc,  to  get  possession  of  a 
sea  port,  a  trading  town,  or  maritime  province  in  Spain,  and 
another  power  at  war  with  Britain  should,  before  it  could  be  recon- 
quered by  Spain,  wrest  it  from  the  hands  of  Britain,  would  Spain 
herself  consider  it  as  au  extinguishment  of  her  just  pretensions? 
Or  would  any  impartial  nation  consider  it  in  that  light  ?  As  to  the 
proclamation  of  the  king  of  Great  Britain  of  1763,  forbidding  bis 
governors  in  North  America  to  grant  lands  westward  of  the  sources 
of  the  rivers  falling  into  the  Atlantic  Ocean,  it  can  by  no  rule  of 
construction  militate  against  the  present  claims  of  the  United 
States.  That  proclamation,  as  is  clear  both  from  the  title  and 
tenor  of  it,  was  intended,  merely  to  prevent  disputes  with  the 
Indians  and  an  irregular  appropriationof  vacant  land  to  individuals, 
and  by  no  means  either  to  renounce  any  parts  of  the  cessions  made 
in  the  treaty  of  Paris,  or  to  affect  the  boundaries  established  by 
ancient  charters.  On  the  contrary,  it  is  expressly  declared,  that 
the  lands  and  territory  prohibited  to  be  granted,  were  within  the 


'Wb.i 


324 


TREATY    OF    '95    WITH    SPAIN. 


sovereignty  nnd  dominion  of  that  crown,  notwithstanding  the  reser- 
Tation  of  them  to  the  use  of  the  Indians." "  The  river  Mis- 
sissippi will  be  a  more  natural,  more  distinguishable,  and  more  pre- 
cise boundary  than  any  other  that  can  be  drawn  eastward  of  it,  nnd 
coDflequcntly  will  be  less  liable  to  become  a  source  of  those  dis- 
putes which  too  often  proceed  from  uncertain  boundaries  between 
nations.  As  this  territory  lies  within  the  charter  limits  of  particu- 
lar states,  and  is  considered  by  them  as  no  less  their  property  than 
any  other  territory  within  their  limits,  Congress  could  not  relin- 
quish it  without  exciting  discussions  between  themselves  and  those 
states.  The  territory  in  question  contains  a  number  of  inhabitants, 
who  are  at  present  under  the  protection  of  the  United  States,  and 
have  sworn  allegiance  to  them.  These  could  not,  by  voluntary 
transfer,  be  subjected  to  a  foreign  jurisdiction,  without  manifest 
violation  of  the  common  rights  of  mankind,  and  of  the  genius  and 

principles  of  the  American  government." "  Congress  have 

the  greater  hopes,  that  the  pretensions  of  bis  catholic  majesty  on 
this  subject  will  not  be  so  far  urged  as  to  prove  an  insuperable 
obstacle  to  an  alliance  with  the  United  States,  because  they  conceive 
such  pretensions  to  he  incompatible  with  the  treaties  subsisting 
between  France  and  them,  which  are  to  be  the  basis  nnd  substance 
of  it.  By  article  eleventh  of  the  treaty  of  alliance,  eventual  and 
defensive,  the  posscsuions  of  the  United  States  are  guarantied  to 
them  by  his  most  christian  majesty.  By  article  12th  of  the  same 
treaty,  intended  to  fix  more  precisely  the  sense  and  application  of 
the  preceding  article,  it  is  declared  that  this  guaranty  shall  have 
its  full  force  and  effect  the  moment  a  rupture  shall  take  place 
between  France  and  England.  The  next  object  of  the  instructions 
is  the  free  navigation  of  the  Mississippi  for  the  citizens  of  the 
United  States,  in  common  with  the  subjects  of  his  catholic  majesty. 
On  this  subject,  the  same  inference  may  be  made  from  article 
seventh  of  the  treaty  of  Paris,  which  stipulates  this  right  in  the 
amplest  manner  to  the  King  of  Great  Britain,  and  the  devolution  of 
it  to  the  United  States,  as  was  applied  to  the  territorial  claims  of 
the  latter.  Besides,  as  the  United  Slates  have  an  indisputable  right 
to  the  possession  of  the  east  bank  of  the  Mississippi  for  a  very 
great  distance,  and  the  navigation  of  that  river  will  essentially 
tend  to  the  prosperity  and  advantage  of  the  citizens  of  the  United 
States  that  may  reside   on  the  Mississippi,  or  the  waters  running 


TREATY    OP    '95     WITH     SPAIN. 


225 


into  It,  it   U  conceived   thnt  (he   circumstance   of  Spnin  being  in 
possession    of  the    banks  on  both  sides  near  its  mouth   cannot  be 
deemed   a   natural  or  equitable  bar  to  tlic  free  u?c  of  tl»e   river. 
IJut,  notwithstanding  the   equitable  claim  of  the   United   States  to 
the  free  navigation  of  tho  Mississippi,  and  its  great  importance  to 
them,    Congress    liave  so  stronj^  a  disposition  to  conform   to  the 
desires  of  bis  catholic  majesty,  that  they   have   agreed   thnt  such 
equitable   regulations  may  be  entered  into,  ns  may    be  requisite 
security  against  contraband,  provided  the  point  of  right  be  not 
relinquished,  and  a  free  port  or  ports,  below  the  thirty-first  degree 
of  north  latitude,  and  accessible  to  merchant  ships,  be  stipulated  to 
them.     The  reason  why  a  port  or  ports  thus  described,  was  requir- 
ed must  be  obvious.     Without  such  a  stipulation,  the  free  use  of 
the  Mississippi  would,  in  fact,  amount  to  no  more  than  a  free  inter- 
course with  New-Orleans  and  other  parts  of  Louisiana.     From  the 
rapid  current  of  this  river,  it  is  well  known,  that  it  must  be  navi- 
gated by  vessels  of  a  peculiar  construction,  and  whicb  will  be  unfit 
to  go  to  sen.     Unless,  therefore,  some  place  be  assigned  to  the 
United  States,  where  the  produce  carried  down  the  river,  and  the 
merchandise  arriving   from   abroad  mny  be  deposited  till  they  can 
be  respectively  taken  away  by  the  proper  vessels,  there  can  be  no 
such  thing  ns  a  foreign  trade.     There  is  a  remaining  consideration 
respecting  the  navigation  of  the  Mississippi,  which  deeply  concerns 
the  maritime  powers  in  general,  but  more  particularly  their  most 
christian  and  catholic  majesties.     The   country,    watered  by  the 
Ohio,  with  its  large  branches,  having  their  sources  near  the  lalces 
on  one  side,  and  those  running  nortii-westward  and  falling  into  the 
other  side,  will  appear  from  a  single  glance  on  a  map  to  be  of  vast 
extent.     The  circumstance  of  its  being  so  finely  watered,  added  to 
the  singular  fertility  of  its  soil,  and  other  advantages  presented  by 
a  new  country,  will  occasion  a  rapidity  of  population  not  easy  to 
be  conceived.     The  spirit  of  emigration  has  already  shown  itself 
in  a  very  strong  degree,  notwithstanding  the   many  impediments 
which  discourage  it.     The  principal  of  those  impediments  is  the 
war  with  Britain,  which  cannot  spare  a  force  sufficient  to  protect 
the  emigrants  against  the  incursions  of  the  savages.     In  a  very 
few  years  after  peace  shall  take  place,  this  country  will  certainly 
be  overspread  with  inhabitants.     In  like  manner,  as  in  new  settle- 
ments, agriculture,  not  manufactures,  will  be  their  employment. 
VOL.  I.  39 


Wt 


4iQ 


THEATV    OK    '1)6    WITH     »1'AIN. 


r  *■ 


Tlicy  will  ralsft  wheat,  corn,  Itonf,  pork,  tobacco,  heinp^  flax,  nnJ 
in  the  soulhcrn  parts,  pcM'liiip»,  rice  iutil  indii^a^  lit  gvcinl  quantities. 
On  the  utiier  liand,  their  coii.siiinptioh  uf  lort'l;^!!  nianiifiictiireH  will 
be  in  proportion,  if  they  can  he  exchaiii^eil  lor  the  produce  of  their 
soil.  Tlicrc  arc  but  two  channels  through  nliicli  such  commerco 
of  the  west  can  be  carried  on  ;  the  first  is  down  the  river  Missis- 
sippi,  the  oilier  up  the  rivers  having  their  sources  near  the  lakes, 
thence,  by  short  portages  to  the  lakes  on  the  rivers  falling  into 
them,  through  the  lakes  and  down  the  St.  Lawrence.  The  tirjt 
of  these  channels  is  manifestly  the  most  natural  and  by  far  the  most 
advantageous.  Should  it  however,  be  obstructed,  the  second  will 
be  found  far  from  impracticable. 

"  So  fair  a  prospect  could  not  escape  the  commercial  sagacity 
of  Great  Britain.  She  will  embrace  it  with  avidity.  She  would 
cherish  it  with  the  most  studious  care,  and,  should  she  succeed  in 
llxing  it  in  that  channel,  the  loss  of  her  exclusive  possession  of 
the  trade  of  the  United  States  might  prove  a  much  less  decisive 
blow  to  her  maritime  preeminence  and  tyranny  than  has  been  cal- 
culated."* 

It  ought  to  be  mentioned  in  this  place,  that  during  Mr. 
Jay's  negotiations  at  Madrid,  Spain  had  no  minister  or  repre> 
sentative  in  this  country  ;  and  when  he  left  that  Court  in  the 
year  '82,  Mr.  Cannichael,  his  secretary,  was  intrusted  by  him 
with  the  affairs  of  the  legation  ;  but  he  was  not  received  in 
an  official  manner  till  February  1783,  though  the  provision- 
al articles  of  the  treaty  of  peace  had  been  signed  the  pre- 
ceding November.  He  was  accredited  as  a  charge  d'affaires, 
and  in  his  correspondence  appears  to  consider  he  was  prin- 
cipally indebted  for  that  arrangement  to  the  influence  and 
friendly  offices  of  General  la  Fayette, f    who  happened,  at 

*  These  instructions  are  long  and  valuable.  We  have  only  ventured 
to  extract  a  few  detached  portions  of  them.  The  state  papers  on  the 
Mississippi  and  the  western  boundary,  are  prepared  with  uncommon 
care  and  ability ; — they  are,  probably,  not  surpassed  by  any  other  docu- 
ments that  the  Congress  of  the  confederation,  during  the  war,  have 
left  on  record  ] — all,  titles  to  the  gratitude,  applause  and  admiration  of 
posterity. 

t  It  is  somewhat  out  of  jdace  to  insert  the  following  letter  in  tins 
part  of  the  work,  but  as  we  have  just  met  with  it,  and  have  no  recol- 


TREATY    OF    '05    WITH    «PA1N. 


227 


the  time,  to  bo  nt  Mndihl.  On  the  22d  February  Mr. 
CarinichacI  dined  with  tlio  diplomatic  body  at  the  Pra- 
do,  a  circumstance,  that  exceedingly  surprised  some  of 
the  foreign  ministers,  who  did  not  anticipate  a  formal  con- 
nexion between  Spain  and  the  United  States  was  so  near  at 
hand. 

On  the  30th  of  August  1783,  Mr.  CarroichaePs  presenta- 
tion took  place. 

"  On  the  diiy  appointed  for  my  presentation,  I  waited  on 
Ills  Excellency,  the  Count  do  Florida  Ulnncn,  nrul  from  hU 
house,  accoinpiinicd  hy  his  servant,  whom  he  had  the  politeness  to 
flcnd  with  my  own,  1  paid  my  visits  to  the  prhicipal  ladies  and 
officers  of  the  I'ahice.  This  ceremony  finished,  I  went  to  the 
King^a  apartment,  where  the  minister  appointed  me  to  meet  him. 
When  his  Majesty  arose  from  the  table,  the  Count  presented  me  as 
charge  d'atfaircs  of  the  United  States.  As  I  had  been  informed 
that  the  King  doth  not  love  long  harangues,  I  contented  myself 
with  expressing  to  his  Majesty  my  satisfaction  in  being  the  first  of 
my  countrymen,  who  had  the  good  fortune  to  assure  him  of  their 

lection  of  htiviug  seen  it  in  print,  its  uncommon  interest  will  serve,  wo 
liopo,  ns  an  apology  for  introducing  it  hero  ; — it  is  from  the  secret  cor- 
respondence. 

"  Paris,  25th  Moy  1777. 
"  To  the  Secret  Committee. 

"  The  Marcpiis  dc  la  Fayette  a  young  nobleman  of  great  family 
connexions  here,  and  great  wealth,  is  gone  to  America  in  a  ship  of 
his  own,  accompanied  by  some  ofllceiH  of  distinction,  in  order  to  serve 
in  our  armies.  He  is  exceedingly  beloved,  and  every  body's  good 
wishes  attend  him  ;  we  cannot  but  hope  he  may  meet  with  such  a  re- 
ception as  will  make  the  country  and  his  expedition  agreeable  to  him. 
Those,  who  censure  it  as  imprudent  in  him,  do,  nevertheless,  applaud 
liis  spirit,  and  we  are  satisfied  that  the  civilities  and  respect  that  may 
be  shown  him  will  bo  serviceable  to  our  affairs  here,  as  pleasing  not 
only  to  his  powerful  relations  and  to  the  Court,  but  to  the  whole 
French  nation.  He  has  left  a  beautiful  young  wife,  and  for  her  sake 
particularly  wc  hope  that  his  bravery  and  ardent  desire  to  distin- 
guish himself,  will  be  a  little  restrained  by  the  General's  prudence,  so 
as  not  to  permit  his  being  hazarded  much  but  on  some  important  oc- 


% 


casion. 


«  BENJ.  FRANKLIN, 
"  SILAS  DEANE." 


228 


TREATY    OF    '95    WITH     SPAIN. 


i(i 


,    i 


desire  to  cultivate  his  amity.  He  answered  me  in  a  gracious 
manner  and  with  a  smiling  countenance,  saying  he  hoped  I 
should  have  frequent  occasions  for  making  him  the  same  assuran- 
ces. The  Fioyal  Family,  dining  at  the  same  hour,  and  separately, 
and  the  same  etiquette  being  observed,  viz.  the  presentation  after 
dinner,  it  required  some  days  to  finish  the  business,  the  Count 
Florida  Blanca  accompanying  me  ipore  than  three  quarters  of  an 
hour  each  visit,  with  a  politeness  and  good  nature,  rarely  found  in 
men,  who  have  so  many  important  occupations  on  their  hands. 
The  Prince  of  Aslurias  spoke  of  me  during  the  dinner  as  of  a  per- 
son he  had  long  known,  and  when  I  was  presented,  he  told  me  so. 
The  Princess,  who  was  present,  spoke  to  me  six  or  seven  minutes 
in  French  and  Spanish,  and  among  other  things  said,  I  ought  to  like 
Spain,  because  she  was  told,  I  was  much  esteemed  by  the  Span- 
iards. I  replied,  the  only  title  I  had  to  their  esteem  was  my  well 
known  regard  for  the  nation."  ^       , 

In  1785,  (July)  a  charge  d'affaires,  D.  Diego  Gardoqui, 
was  received  and  accredited  by  Congress,  from  Spain. 
Upon  the  arrival  of  D.  Diego  Gardoqui  at  Philadelphia,  the 
negotiation  was  transferred  to  this  country,  and  Mr.  Jay, 
then  Secretary  of  State  for  Foreign  Affairs,  was  authorized, 
by  a  special  commission  of  Congress,  to  treat  respecting  the 
boundapes.  The  subject  was  beset  with  a. new  difficulty, 
from  the  circumstance,  that  England,  in  her  treaty  of  the 
year  '83  with  this  country,  acknowledged  the  claim  of  the 
United  States  to  the  lands  bordering  on  the  Mississippi,  to 
the  north  of  the  northern  boundary  of  West  Florida,  and 
transferred  all  her  right  in  the  navigation  of  that  river. 
Shortly  after  the  treaty,  the  Spanish  government  protested 
against  the  transfer,  as  in  their  opinion  the  English  had 
ceded  what  they  did  not  own.  The  arrangement  with 
Spain  remained  in  the  hands  of  the  Secretary  of  State  till 
the  dissolution  of  the  Confederation. 

This  was  the  most  difficult,  intricate,  and  vexatious  nego- 
tiation undertaken  by  that  government.  Separate  from  the 
delays,  to  which  all  discussion  with  the  court  of  the  Escu- 
rial  is  necessarily  incident,  and,  in  this  case,  from  the  unrea- 
sonable demands  made  by  Spain,  the  business  was  farther  and 


TREATY    OF    '96    WITH    SPAIN. 


229 


greatly  embarrassed  by  a  division  of  sentiment  in  the  Ameri- 
can Congress; — a  division  unfortunately  arising  altogether 
from  local  influence  and  r^onsiderations.  The  northern 
portion  of  the  confederacy,  that  i&:  to  say,  New-Hampshire, 
Massachusetts,  Rhode-Island,  Connenticut,  New- York,  New- 
Jersey,  and  Pennsylvania,  were  in  favour  of  concluding  a 
commercial  treaty  with  Spain  upon  terms  of  reciprocity,  and 
upon  condition  of  forbearing  the  use  of  the  Mississippi  for 
twenty-five  or  thirty  years,  below  the  northern  boundary  of 
the  United  States  to  the  ocean.  This  proposition,  as  has 
been  seen,  was  actually  made  by  Mr.  Jay  to  Spain.  The 
arrangement  did  not,  of  course,  include  access  to  the  posses- 
sions of  Spain  in  the  new  world ;  for  it  had  always  been 
one  of  the  fundamental  maxims  of  that  court  to  exclude  all 
mankind  from  their  American  shores.  A  treaty  of  this 
description  would  certainly  have  been  favourable  to  Amerir 
ca,  if  the  position,  then  assumed,  had  been  correct,  namely, 
that  the  navigation  of  the  Mississippi  was  at  that  period  of 
little  importance ;  that  it  would  not  become  valuable  in 
twenty-five  or  thirty  years;  and  that  it  could  not  be  called 
a  sacrifice  to  forbear  the  use  of  a  thing  we  do  not  want. 
These  doctrines,  formally  maintained  in  Congress  thirty-five 
years  ago,  will,  perhaps,  create  no  surprise  in  the  minds  of 
those,  who  are  acquainted  with  the  situation  of  the  western 
country  during  the  early  discussion  with  Spain.  The  navir 
gation  of  the  Mississippi  certainly  did  then  appear  of  trifling 
value,  and,  considering  the  amount  of  population  in  the  Atr 
lantic  states,  the  great  quantities  of  land,  there  still  unocpur 
pied,  the  little  accurate  knowledge  possessed  of  the  territory 
beyond  the  Alleghany,  there  were  slight  reasons,  indeed,  for 
anticipating  the  vast  wealth  and  population,  to  which  that 
district  has  since  so  rapidly  risen.  In  some  of  the  states, 
that  are  now  powerful,  and  have  a  numerous  population, 
there  was  not  at  this  period  even  a  settler.     With  Spain^ 

*  Sp^in  claimed  both  the  Floridas,and  contended  that  West  Florida 
extended  up  the  Mississippi  higher  than  the  hmit  indicated  in  the  trea- 
ty of  this  country  with  England,  though  in  the  year  '8G  she  had  not 
clearly  determined  upon  what  boundary  she  should  fix. 


'■J- 


230 


TREATY     OF    '95    WITH     SPAIN. 


at  the  south,  and  England  at  the  north,  both  powerful  na- 
tions, and  neither  desirable  neighbours,  it  was  certainly 
difficult  to  imagine  what  temptations  could  attract  into  unex- 
plored regions  emigrants  from  the  borders  of  the  Atlantic. 

This  appears  to  have    been   the   first  question,  on  which 
the  states  were  seriously  divided  according  to   their  geogra- 
phical limits.     The  matter  occupied  an  unusual  portion  of  the 
attention    of   Congress ; — a  great   variety    of    propositions 
were  made  in  relation  to  it,  but  no  change  took  place  in  the 
votes.     The  five  states  south  of  Pennsylvania,  viz  :  Mary- 
land, Virginia,  North  Carolina,  South  Carolina,  and  Georgia, 
were  constantly  opposed  to  the  northern,  and  consequently 
in  the  minority.     We  have   already  said,  that  the  Secretary 
for  Foreign  Affairs  was  directed   to  prepare  a  treaty  on  the 
:  basis  of  a  perfect  commercial  reciprocity,  for  a  term  of  twen- 
-  ty-five  or  thirty  years,  and  to  stipulate   a  forbearance  of  the 
navigation  during  that  period,  though  the  right  to  the  naviga- 
*  (ion  was  by  no  means  intended   to   be  ceded   by  the  act.* 
On  this   question  the  northern  portion  of  the  confederation 
prevailed.      It   was   vehemently  and  in  a   most   persever- 
ing manner,  opposed  by  the  south ;  but  part   of  the  opposi- 
tion was  founded  in  doctrines,  that  would  not  at  this  day  be 
considered  sound  by  any  division  of  the  Union  ; — sentiments, 
pntirely  at   variance  with   the  provisions  of   the    treaty  of 
commerce  made   with   France,  with  the   general  principles, 
attempted  to  be  inserted  in  all  our  treaties  with  Europe,  and 
with  the  obvious  policy  of  the   country, — more  especially 
that,  which  administrations  are  now  attempting  to  inculcate. 
We  allude  to  the  objection  made  to  the  doctrine  of  recipro- 
city, proposed  as  the  basis  of  the  Spanish  treaty.     We  shall 
extract  a  paragraph  from  a  report  made  on  the  subje^'  : 

"  How  contrary  would  such  a  stipulation  (reciprocity)  be  to  the 
policy  of  Great  Britain,  to  the  policy  of  her  navig-ation  act,  an  act, 
which  gives  to  her  own  subjects  in  their  intercourse  witliall  other 

*  The  resolution  directing  him  to  conclude  a  treaty  on  tliisbnsi?,  as 
an  ultimatum,  was  adopted  by  Congress  on  the  JJOth  August  '86,  though 
he  was  instructed  to  insist  on  the  boundaries. 


TREATY    OF    '95    WITH    SPAIN. 


231 


nations,  the  high  privileges  and  immunities,  they  do  not  enjoy.  To 
the  wisdom  of  this  net,  and  her  other  regulations  in  commerce,  it 
is  owing,  that  she  hath  attained  to  such  a  height  of  power  and  gran- 
deur on  the  seas,  as  to  be  at  the  same  time  the  terror  and  the  admi- 
ration of  the  world,  that  her  subjects  have  obtained  such  commer- 
cial wealth  and  astonishing  resources,  as  to  be  able  to  support  her 
in  the  most  splendid  enterprizcs,  and  the  longest  and  most  difficult 
wars,  that  her  councils  could  devise,  or  the  change  of  fortune  ex- 
pose her  to."  ;  •      1  :   ' 

It  is  somewhat  unusual  to  hear  the  celebrated  commercial 
regulations  of  Cromwell,*  regulations  within  a  few  years 
publicly  condemned  by  one  of  the  wisest,  most  ingenuous, 
as  well  as  experienced  statesmen  England  has  ever  known, 
receive  such  remarkable  applause  in  a  country,  whose  whole 
ambition  and  policy  have  been  to  break  through  the  naviga- 
tion acts  and  colonial  systems  of  the  European  powers,  and 
whose  greatest  wealth  has  been  accumulated  under  the  re- 
laxations of  those  measures,  rendered  inevitable  by  wars,  or 
the  progress  of  sound  views  on  commercial  subjects.  But 
it  was  a  just  ground  of  objection,  that  the  proposed  Spanish 
treaty  was  not,  in  reality,  reciprocal ;  for  we  were  to  have 
those  advantages  only  in  Spain  and  the  Canaries;  but  were 
excluded  from  the  Phillipines  and  the  Spanish  possessions  in 
America.  Another  ground  was,  also,  perfectly  legitimate  and 
reasonable,  and,  as  time  has  proved,  unanswerable : 

"  As  to  the  surrender  or  forbearance  of  the  use  of  the  naviga- 
tion of  the  Mississippi  for  the  term  proposed  and  for  the  conside- 
ration proposed,  (the  right  of  the  United  States  to  dismetr.ber  the 
government  being  out  of  the  question)  it  is  inadmissible  upon  the 
principle  of  the  right,  and,  independent  of  the  right,  upon  the 
highest  principles  of  national  expedience,  which  apply  even  if  the 
commercial  project  were  an  advantageous  one.  The  states,  who 
have  ceded  them,  and  the  confederacy  at  large,  look  up  to  the 
western  lands  as  a  substantial  fund  for  the  discharge  of  the  public 
debt.     The  value  of  these  lands  will  depend,  in  a  great  measure, 

*  The  "  act  of  navigation,"  considered  as  the  foundation  of  all  sub- 
sequent proceedings,  was  uriginally  passed  October  9th,  1G51,  and 
then  ftdly  adopted  on  the  restoration  of  Cliailos  II. 


i 


232 


TREATY    OP    'D5   WITH    SPAIN. 


'  • ':  a 


on  the  navigation  of  the  Mississippi.  By  the  contract  with  Virgi- 
nia, it  is  stipulated,  that  the  western  country  shall  be  divided  into 
states,  and  admitted  with  the  rights  of  the  original  states  into  the 
confederacy.  The  spirit  of  this  compact  is,  that  the  territory 
should  retain  all  its  rights,  and  have  them  promoted  under  the 
patronage  of  Congress.  This  act  would,  therefore,  be  a  direct 
violation  of  it,  and  have  a  tendency  to  fix  the  weight  of  popula- 
tion on  one  side  of  the  continent  only." — "  By  the  second  article 
of  the  confederation  of  these  United  States,  each  state  retains  its 
sovereignty,  freedom,  and  independence,  and  every  power,  juris- 
diction and  right,  which  is  not  therein  expressly  delegated  to  the 
United  States  in  Congress  assembled.  This  is  a  fundamental  law 
of  the  nation,  and  the  powers  granted  in  the  ninth  article,  to  make 
treaties,  must  be  construed  in  subordination  to  it.  No  treaty,  even 
of  peace,  entered  into  by  the  United  States  in  Congress  assembled, 
extending  to  a  cession  or  suspension  of  the  rights  of  any  of  the 
states  without  their  consent,  can,  therefore,  be  valid,  much  less  can 
such  a  treaty  of  commerce,  which  in  point  of  political  necessity 
can  never  be  so  pressing." 

The  report  of  a  commercial   treaty  with  Spain   produced 
an  alarming  sensation   in  the   west."^     The   Spaniards  had 


1^. 


*  "  A  copy  of  a  letter  from  a  gentleman  at  the  fulls  of  Ohio,  to  his 
friend  in  New  England,  dated  December  4,  1786. 

"Dear  sir,  politics,  which  a  few  months  ago  were  scarcely  thought 
of,  arc  now  sounded  aloud  in  this  part  of  the  world,  and  discussed  by 
almost  every  person.  The  late  commercial  treaty  with  Spain,  in  shut- 
ting up,  as  it  is  said,  the  navigation  of  the  Mississippi,  for  the  term  of 
twenty-five  years,  has  given  this  western  country  a  universal  shock, 
and  struck  its  inhabitants  with  an  amazement.  Our  foundation  is 
affected  ;  it  is  therefore  necessary  that  every  individual  exert  himself 
to  apply  a  remedy.  To  sell  us,  and  make  us  vassals  to  the  merciless 
Spaniards,  is  a  grievance  not  to  be  borne.  The  parliamentary  acts 
which  occasioned  our  revolt  from  Great  Britain  were  not  so  barefac- 
ed and  intolerable.  To  give  us  the  liberty  of  transporting  our  effects 
down  the  river  to  New  Orleans,  and  then  be  subject  to  the  Spanish 
laws  and  impositions,  is  an  insult  upon  our  understanding.  We  know 
by  woful  experience  that  it  is  in  their  power,  when  once  there,  to  take 
our  produce  at  any  price  they  please.  Large  quantities  of  flour,  tobac- 
co, meal,  &c.  have  been  taken  there  the  last  summer,  and  mostly  con- 


TREATY    OF    '95    WITH    SPAIN. 


233 


been  prevented  by  Ibe  people  from  trading  up  the  river; 
their  goods  at  Vinccnnes  and  Illinois  seized,  and  they,  them- 
selves, threatened  with  being  driven  from  the  mouth  of  the 

fiscated.  Tiioso  who  had  permits  from  their  governor,  were  obliged 
to  sell  at  a  price  lie  was  pleased  to  state,  or  subject  themselves  to  lose 
tlio  whole.  Men  of  large  ])roperty  are  already  ruined  by  their  policy. 
What  benefit  can  you  on  the  Atlantic  shores  receive  from  this  act? 
The  Spaniards  from  the  amazing  resources  of  this  river  can  supply 
all  their  own  markets  at  a  much  lower  price  than  you  possibly  can. 
Though  this  country  has  been  settling  but  about  six  years,  and  that 
in  the  nndst  of  an  inveterate  enemy,  and  most  of  the  first  adventu- 
rers fallen  a  prey  to  the  savages,  and  although  the  emigration  to  this 
country  is  so  very  rapid  that  the  internal  market  is  very  great,  yet  the 
quantities  of  produce  they  now  have  on  hand  are  inmiense.  Flour 
and  pork  are  now  selling  here  at  twelve  shillings  the  hundred  ;  beef 
in  proportion  ;  any  quantities  of  Indian  corn  can  be  had  at  nine  pence 
per  bushel.  Three  times  the  quantity  of  tobacco  and  corn  can  be 
raised  on  an  acre  here  that  can  be  within  the  settlement  on  the  east 
side  of  the  mountains,  and  with  less  cultivation.  It  is  therefore  ra- 
tional to  suppose  that  in  a  very  few  years  the  vast  bodies  of  waters 
in  those  rivers  will  labour  under  the  immense  weight  of  the  produce  of 
this  rich  and  fertile  country,  and  the  Spanish  ships  be  unable  to  con- 
vey it  to  market. 

"Do  you  think  to  prevent  the  emigration  from  a  barren  country 
loaded  with  taxes  and  impoverished  with  debts,  to  the  most  luxurious 
and  fertile  soil  in  the  world  ?  Vain  is  t!ie  thought,  and  presumptuous 
tlie  sui)position.  You  may  as  well  endeavour  to  prevent  the  fishes 
from  gathering  on  a  bank  in  the  sea  which  affords  them  plenty  of 
nourishment.  Shall  the  best  and  largest  part  of  the  United  States 
be  uncultivated,  a  nest  for  savages  and  boasts  of  prey  ?  Certainly  not. 
Providence  has  designed  it  for  some  nobler  purposes.  This  is  con- 
vincing to  every  one  who  beholds  the  many  advantages  and  pleasing 
prospects  of  this  country.  Here  is  a  soil,  richer  to  appearance  than 
can  possibly  be  made  by  art.  Large  plains  and  meadows  without  the 
labour  of  hands,  suliieient  to  sup|)ort  millions  of  cattle  summer  and 
winter ;  cane,  which  is  also  a  fine  nourishment  for  them,  without 
bounds.  The  spontaneous  production  of  this  country  surpasses  your 
imagination.  Consequently,  I  sec  nothing  to  prevent  our  herds  being 
as  numerous  here  in  time  as  they  are  in  the  kingdom  of  Mexico.  Our 
lands  to  the  northward  of  the  Ohio  for  the  produce  of  wheat,  &c. 
will,  I  think,  vie  with  the  island  of  Sicily.  Shall  all  this  country  now 
VOL.   I.  .30 


234 


TREATY    OF    '95    WITH    SPAIN. 


Mississippi.  The  citizens  expressed  great  indignation  at  the 
conduct  of  Congress;  they  considered  themselves  sold  to 
the  Spaniard,  deserted  by  their  government,  and  the  boon 
offered  them,  of  transporting  their  goods  to  the  ware-houses 
of  New-Orleans,  was  regarded,  not  only  as  a  cruel  insult, 
but  as  a  treacherous  sacrifice  of  property.  Affairs  had  ar- 
rived at  such  a  crisis,  that  men  spoke  seriously  of  throwing 
off  their  allegiance,  and  seeking  the  protection  of  a  foreign 
country. 

A  remarkable  emigration  suddenly  took  place  to  the  west 
at  the  close  of  the  war.  Great  numbers  of  the  inhabitants 
of  the  Atlantic  states,  oppressed  with  taxes  and  impoverished 
with  debt,  crossed  the  mountains,  where  they  found  land 
cheap,  and  a  soil  exceedingly  rich ;  they  met  with  an  enemy  in 

be  cultivated  entirely  for  the  use  of  the  Spaniards?  Shall  we  be  their 
bondmen  as  the  children  of  Israel  were  to  the  Egyptians  ?  Shall  one 
part  of  the  United  States  be  slaves,  while  the  other  is  free  ?  Human 
nature  shudders  at  the  thought,  and  freemen  will  despise  those  who 
could  be  so  mean  as  to  even  contemplate  on  so  vile  a  subject. 

"  Our  situation  is  as  bad  as  it  possibly  can  be,  therefore  every  exer- 
tion to  retrieve  our  circumstances  must  be  manly,  eligible  and  just. 

"  We  can  raise  twenty  thousand  troops  tliis  side  the  Alleghany  and 
Apalachian  mountains ;  and  the  annual  increase  of  them  by  emigra- 
tion, from  other  parts,  is  from  two  to  four  thousand. 

"  We  have  taken  all  the  goods  belonging  to  the  Spanish  merchants 
of  post  Vincennes  and  the  Illinois,  and  are  determined  they  shall  not 
trade  up  the  river,  provided  they  will  not  let  us  trade  down  it.  Pre- 
parations are  now  making  here  (if  necessary)  to  drive  the  Spaniards 
from  their  settlements,  ot  the  mouth  of  the  Mississippi.  In  case  we 
are  not  countenanced  and  succoured  by  the  United  States  (if  we  need 
it)  our  allegiance  will  be  thrown  off,  and  some  other  power  applied  to. 
Great  Britain  stands  ready  with  open  arms  to  receive  and  support  us. 
They  have  already  offered  to  open  their  resources  for  our  supplies. 
When  once  reunited  to  them,  "  farewell,  a  long  farewell  to  all  your 
boasted  greatness."  The  province  of  Canada  and  the  inhabitants  of 
these  waters,  of  themselves,  in  time  will  be  able  to  conquer  you.  You 
are  as  ignorant  of  this  country  as  Great  Britain  was  of  America.  These 
hints  if  rightly  improved,  may  be  of  some  service  ;  if  not,  bl^me  your- 
selves for  the  neglect."* 

*  Secret  Journals  of  Congress-,  vol.  l,  p,  3'ZO,  &c.  * 


TREATY     OF    *95    WITH     SPAIN. 


235 


the  savages,  and  in  the  relentless,  monopolizing  system  ol  the 
Spaniards.  But  nature  had  been  so  profuse  in  her  best  gifts  to 
that  region,  and  the  Atlantic  states  were  wasting  under  such 
an  accumulation  of  debts,  struggling  with  bad  governments  and 
highly  excited  parties,  almost  approaching,  in  some  instances, 
to  rebellion  and  anarchy,  that  settlers  soon  arrived  in  crowds 
on  the  banks  of  the  great  western  rivers.  While  Congress 
were  discussing  the  points  of  a  treaty,  a  nation  was  created 
there.  The  question,  touching  the  navigation  of  the  Missis- 
sippi, was  to  them  a  vital  one  ;  and  so  remarkable  is  the 
water  communication  in  that  country,  that  the  inhabitants, 
most  deeply  planted  in  the  interior,  farthest  removed  from 
the  outlet  of  this  "  father  of  rivers,"  were  equally  concerned 
in  the  decision  of  this  controversy.  But  it  was  not  the  na- 
vigation of  the  Mississippi  alone,  from  which  Spain  intended 
to  exclude  the  United  States  ;  her  ambition  reached,  even, 
to  confining  them  within  the  Alleghanies.  As  early  as  1782 
this  design  of  that  court  was  manifest ; — Dr.  Franklin  men- 
tions it  in  a  letter  to  the  Secretary  for  Foreign  Affairs,  and 
advises  Congress  to  adhere  both  to  the  navigation  and  to  the 
boundary  of  the  Mississippi. 

The  confederation  did  not  succeed  in  making  a  treaty  or 
arrangement  of  any  kind  with  Spain.  That  country  appear- 
ed disposed  to  agree  to  nothing,  or,  in  other  words,  she  had 
not  determined  what  she  should  claim.  The  time  having 
nearly  approached  when  the  federal  government  was  to  be 
organized,  no  sort  of  progress  having  been  made  in  the  ne- 
gotiation, and  great  uneasiness  still  existing  in  the  public 
mind  on  the  subject  of  the  navigation.  Congress  dismissed 
this  tedious  and  vexatious  business  in  September  '88,  by  the 
following  resolution  : 

"  Resolved,  That  the  free  navigation  of  the  river  Mississippi  is 
a  clear  and  essential  right  of  the  United  States,  and  that  the  same 
ought  to  be  considered  and  supported  as  such.  Resolved,  thai,  no 
further  progress  be  made  in  the  negotiations  with  Spain  by  the 
Secretary  for  Foreign  Affairs,  but  that  the  subject,  to  which  they 
relate,  be  referred  to  the  federal  government,  which  is  to  assem- 
ble in  March  next." 


236 


TREATY    OF     '95     WITH     SPAIN. 


■ 


At  the  organization  of  the  federal  government,  Mr.  Car- 
michael  of  Maryland,  originally  the  secretary  of  Mr.  Jay,  re- 
mained at  Madrid  as  charge  d'affaires  of  this  country.  He 
was  not  engaged  in  any  negotiation,  and  our  aflairs  with 
Spain  remained,  till  the  latter  part  of  the  year  '91,  in  the  si- 
tuation in  which  they  were  left  by  the  confederation.  At 
that  time,  an  intimation  was  officially  given,  that  Spain  was 
disposed  to  treat  at  Madrid  on  one  of  the  subjects  then  un- 
settled, viz.  the  navigation  of  the  Mississippi.  This  notice 
related  to  a  matter  of  too  great  importance  to  this  country 
to  be  neglected,  though  the  former  conduct  of  the  Spanish 
court,  or  of  the  agents  of  that  government  in  the  United 
States,  could  not  inspire  much  confidence  that  the  business 
would  be  brought  to  a  speedy  or  satisfactory  termination. 
Commissioners  were,  however,  appointed  v/ithout  delay  to 
proceed  to  Madrid.  Mr.  Carmichacl,  and  Mr.  Short,  then 
charge  at  Paris,  were  named  for  that  purpose,  though  their 
commission  was  afterwards  extended  to  include  the  bounda- 
ries and  a  commercial  arrangement.  As  to  the  latter  part 
of  it,  the  United  States  proposed  to  place  Spain  on  the  foot- 
ing of  the  most  favoured  nation  ;  and  on  that  basis  treaties 
then  existed  with  France,  Prussia,  Sweden  and  Holknd  ; — 
the  former  country  was  equally  entitled  to  the  privilege  with 
either  of  these  last  named  powers.  Indeed,  Spain  was  the 
only  European  nation,  with  the  exception  of  France,  that 
had  declared  war  against  England  during  the  revolution, 
though,  before  the  peace  of  '83,  England  became  involved 
with  Holland.  The  other  points  to  regulate  were  those  of 
the  navigation  and  the  limits  of  the  Mississippi.  We  cannot 
do  better  than  quote,  from  a  report  of  the  Secretary  of  State 
of  the  year  '91,  some  remarks  on  one  of  these  subjects,  par- 
ticularly as  the  navigation  of  the  Mississippi  was  among  the 
most  important  questions  brought  into  discussion,  since  the 
independence  of  the  country  : 

"  Our  right  to  navigate  the  Misi^issippi  from  its  source  to  where 
our  southern  boundary  strikes  it,  is  not  questioned.  It  is  from  that 
point  downwards  only  that  the  exclusive  navigation  is  churned  by 
Sp.i'n;  that  is  to  say,  where  she  holds  the  country  on  both  sides, 
to  wit,  Louisiana  on  the  west  and  Florida  on  the  east. 


TREATY     or     '96     WITH     SPAIIT. 


237 


"  Our  right  to  participate  in  the  navigation  of  that  part  of  the 
river  also,  is  to  be  considered  under 

"  I.  The  treaty  of  Paris  of  1763. 

"  2.  The  revolution  treaty  of  1782-3. 

"  3.  The  law  of  nature  and  nations. 
"  1.  The  war  of  1755-1763  %vas  carried  on  jointly  l»y  Great 
Britain  and  the  thirteen  colonies,  now  the  United  States  of  Ameri- 
ca, against  France  and  Spain.  At  the  peace,  a  right  was  secured 
to  the  subjects  of  Great  Britain  to  navigate  the  Mississippi  in  Its 
whole  breadth  and  length,  from  its  source  to  the  sea,  and  express- 
ly that  part  which  is  between  (he  island  of  New  Orleans  and  the 
right  bank  of  the  river,  as  well  as  the  passage  both  in  and  out  of 
its  mouth  ;  and  that  the  vessels  should  not  be  stopped,  visited,  or 
subjected  to  the  payment  of  any  duty  whatsoever.  These  are  the 
words  of  the  treaty,  article  vii.  Florida  was,  at  the  same  time, 
ceded  by  Spain,  and  its  extent  westwardly  was  fixed  to  the  lakes 
Pontchartrain  and  Maurepas  and  the  river  Misj^issippi ;  and  Spain 
received  soon  after  from  France  a  cession  of  the  island  of  New 
Orleans,  and  all  the  country  she  held  westwardly  of  the  Mississippi, 
subject  of  course  to  our  right  of  navigation  between  that  country 
and  the  island  previously  granted  to  us  by  France.  This  right 
was  not  parcelled  out  to  us  in  severalty,  that  is  to  say,  to  each  the 
exclusive  navigation  of  so  much  of  the  river  as  was  adjacent  to  our 
several  shores,  in  which  way  it  would  have  been  useless  to  all, 
but  it  was  placed  on  that  footing  on  which  alone  it  could  be  worth 
any  thing,  to  wit,  as  a  right  to  ail  to  navigate  the  whole  length  of 
the  river  in  common.  The  import  of  the  terms  and  the  reason  of 
the  thing  prove  it  was  a  right  of  common  in  the  whole,  and  not  a 
several  right  to  each  of  a  particular  part.  To  which  may  be  addr 
ed  the  evidence  of  the  stipulation  itself,  that  we  should  navigate 
between  New  Orleans  and  the  western  bank,  which,  being  adja- 
cent to  none  of  our  states,  could  be  held  by  us  only  as  a  right  of 
common.  Such  was  the  nature  of  our  right  to  navigate  the  Missis- 
sippi, as  far  as  established  by  the  treaty  of  Paris  of  1763. 

"  2.  In  the  course  of  the  revolutionary  war,  in  which  the  thirr 
teen  colonies,  Spain  and  France,  were  opposed  to  Great  Britain, 
Spain  took  possession  of  several  posts  held  by  the  British  in  Flori- 
da. It  is  unnecessary  to  enquire  whether  the  possession  of  half  a 
dozen  posts  scattered  through  a  country  of  seven  or  eight  hundred 


S38 


THEATY     OF    '95    WITH     gPAIW. 


miles  extent  could  be  considered  ns  the  possession  and  conquest  of 
that  country.  If  it  wns,  it  gave  still  but  an  inchoate  right,  ns  was 
before  explained,  which  could  not  be  perfected  but  hy  the  relin- 
quishment of  the  former  possession  at  the  close  of  the  war ;  but 
certainly  it  could  not  be  considered  as  a  conquest  of  the  river,  even 
against  Great  Britain,  since  the  possession  of  the  shores,  to  wit, 
the  island  of  New  Orleans  on  the  one  side,  and  Louisiana  on  the 
other,  having  undergone  no  change,  the  right  in  the  water  would 
remain  the  same,  if  considered  only  in  its  relation  to  them ;  and  if 
considered  as  a  distinct  right,  independent  of  the  shores,  then  no 
naval  victories  obtained  by  Spain  over  Great  Britain  in  the  course 
of  the  war  gave  her  the  colour  of  conquest  over  any  water  which 
the  British  fleet  could  enter.  Still  less  can  she  be  considered  as 
having  conquered  the  river,  as  against  the  United  States,  with 
whom  she  was  not  at  war.  We  had  a  common  right  of  navigation 
in  the  part  of  the  river  between  Florida,  the  island  of  New  Or- 
leans, and  the  western  bank,  and  nothing  which  passed  between 
Spain  and  Great  Britain,  either  during  the  war,  or  at  its  conclusion, 
could  lessen  that  right.  Accordingly,  at  the  treaty  of  November 
1782,  Great  Britain  confirmed  the  rights  of  the  United  States  to 
the  navigation  of  the  river,  from  its  source  to  its  mouth,  and  in 
January  1783,  completed  the  right  of  Spain  to  the  territory  of  FIo« 
rida  by  an  absolute  relinquishment  of  all  her  rights  in  it.  This 
relinquishment  could  not  include  the  navigation  held  by  the  United 
States  in  their  own  right,  because  this  right  existed  in  themselves 
only,  and  was  not  in  Great  Britain.  If  it  added  any  thing  to  the 
rights  of  Spain  respecting  the  river,  between  the  eastern  and  west- 
em  banks,  it  could  only  be  that  portion  of  right  which  Great  Bri- 
tain had  retained  to  herself  in  the  treaty  with  the  United  States, 
held  seven  weeks  before,  to  wit,  n  right  of  using  it  in  common  with 
the  United  States. 

"  So  that  as,  by  the  treaty  of  1763,  the  United  States  had  obtain- 
ed a  common  right  of  navigating  the  whole  river  from  its  source 
to  its  mouth :  so,  by  the  treaty  of  1782,  that  common  right  was 
confirmed  to  them  by  the  only  power  who  could  pretend  claims 
against  them,  founded  on  the  state  of  war;  nor  has  that  common 
right  been  transferred  to  Spain  by  either  conquest  or  cession. 

"  3.  If  we  appeal  to  this,  as  we  feel  it  written  on  the  heart  of 
man,  what  sentiment  is  written  in  deeper  characters  than  that  the 


TRBATY     OF    '95    WITH    IPAIN. 


339 


ocean  is  free  to  all  men,  and  their  rivers  to  all  their  inhabitants  f 
Is  there  a  mtin,  savng^e  or  civilized,  unbinsscd  by  habit,  who  does 
not  feel  nnd  attest  Ibis  truth  ?  Accordingly,  in  nil  tracts  of  country 
united  under  the  same  political  society,  we  find  this  natural  right 
universnily  acknowledged  and  protected  by  laying  the  navigable 
rivers  open  to  all  their  inhiibitunts.  When  their  rivers  enter  thd 
limits  of  another  society,  if  the  right  of  the  upper  inhabitants  to 
descend  the  stream  is  in  any  case  obstructed,  it  is  an  act  offeree 
by  a  stronger  society  against  a  weaker,  condemned  by  the  judg* 
ment  of  mankind.  The  late  case  of  Antwerp  and  the  Scheld  was 
a  striking  proof  of  a  general  union  of  sentiment  on  this  point ;  as 
it  is  believed  that  Amsterdam  had  scarcely  an  advocate  out  of  Hol- 
land, and  even  there  its  pretensions  were  advocated  on  the  ground 
of  treaties,  and  not  of  natural  right.  (The  commissioners  would 
do  well  to  examine  thoroughly  what  was  written  on  this  occasion.) 
The  commissioners  will  be  able,  perhaps,  to  tind,  either  in  the 
practice  or  the  pretensions  of  Spain,  as  to  the  Douro,  Tagus,  and 
Guadiann,  some  acknowledgments  of  this  principle  on  the  part  of 
that  nation.  This  sentiment,  of  right,  in  favour  of  the  upper  inha- 
bitants, must  become  stronger  in  the  proportion  which  their  extent 
of  country  bears  to  the  lower.  The  United  States  hold  600,000 
square  miles  of  inhabitable  territory  on  the  Mississippi  and  its 
branches,  and  this  river  and  its  branches  afford  many  thousands  of 
miles  of  navigable  waters  penetrating  this  territory  in  all  its  parts. 
The  inhabitable  grounds  of  Spain  below  our  boundary  and  border- 
ing on  the  river,  which  alone  can  pretend  any  fear  of  being  incom- 
moded by  our  use  of  the  river,  are  not  the  thousandth  part  of  that 
extent.  This  vast  portion  of  territory  of  the  United  States  has  no 
other  outlet  for  its  production?,  and  these  productions  are  of  the 
bulkiest  kind.  And  in  truth  their  passage  down  the  river  may  not 
only  be  innocent,  as  to  the  Spanish  subjects  on  the  river,  but  can- 
not fail  to  enrich  them  far  beyond  their  present  condition.  The 
real  interests  then  of  all  the  inhabitants,  upper  and  lower,  concur 
in  fact  with  their  rights. 

^^  If  we  appeal  to  the  law  of  nature  and  nations,  as  expressed  by 
writers  on  the  subject,  it  is  agreed  by  them,  that  were  the  river, 
where  it  psisses  between  Florida  and  Louisiana,  the  exclusive  right 
of  Spain,  still  an  innocent  passage  along  it  is  a  natural  right  in  those, 
inhabiting  its  borders  above.     It  would  indeed  be  what  those  wri- 


240 


TREATY     OF     '95     WITH     SPAIN. 


:'t! 


ten  call  nn  imperfect  right,  because  the  modification  of  iti  exer- 
cise depends  in  n  connidorable  degree  on  the  conveniency  of  the 
nation  through  tvliich  thoy  are  to  pass,  iiut  it  is  still  a  right  ai 
real  as  any  other  right,  liowcver  well  defined  ;  and  were  it  to  be 
refused,  or  to  be  so  sliaclticd  l)y  regulations  not  necessary  for  the 
peace  or  safety  of  its  inhabitants,  as  to  render  its  use  impracticable 
to  us,  it  would  then  be  an  injury,  of  which  we  should  be  entitled 
to  demand  rc«lres9.  The  right  of  the  upper  inhabitants  to  use 
this  navigation  is  the  counterpart  to  that  of  those  possessing  the 
shores  below,  and  founded  in  the  same  natural  relations  with  the 
soil  and  water.  And  the  line  at  wliich  their  rights  meet  is  to  be 
advanced  or  withdrawn,  so  as  to  equalize  the  inconveniences  re- 
sulting to  each  party  from  the  exercise  of  the  right  by  the  other. 
This  estimate  is  to  be  fairly  made  with  a  mutual  disposition  to  make 
equal  sacritices,  and  the  numbers  on  e  ch  side  are  to  have  their 
due  weight  in  the  estimate.  Spain  holds  so  very  small  n  tract  of 
habitable  land  on  cither  side  below  our  boundary  that  it  may  in 
fact  be  considered  as  a  strait  in  the  sea  ;  for  though  it  is  8U  leagues 
from  our  boundary  to  the  mouth  of  the  river,  yet  it  is  only  here 
and  there  in  spots  and  slips  that  the  land  rises  above  the  level  of 
the  water  in  times  of  inundation.  There  are  then  and  ever  must 
be  so  few  inhabitants  on  her  part  of  the  river  that  the  freest  use  of 
its  navigation  may  be  admitted  to  us  without  their  annoyance.  For 
authorities  on  this  subject,  see  Grot.  L.  2.  c.  2.  §  1 1,  12,  13,  c.  3.  § 
7,  0.  12.  I'uflendorf,  L.  3.  c.  3.  §  3,  4,  5,  G.  Wolff's  Inst.  §  310, 
311,  312.     Vattel,  L.  1.  §  292.  L.  2.  §  123  to  139. 

"  It  is  essential  to  the  interests  of  both  parties  that  the  navigation 
of  the  river  be  free  to  both,  on  the  footing  on  which  it  was  detined 
by  the  treaty  of  I'aris,  viz.  through  its  whole  breadth.  The  chan- 
nel of  the  Mississippi  is  remarkably  winding,  crossing  and  re-cross- 
ing perpetually  from  one  side  to  the  other  of  the  general  bed  of 
the  river.  Within  the  elbows  thus  made  by  the  channel  there  is 
generally  an  eddy  setting  upwards,  and  it  is  by  taking  advantage  of 
these  eddies,  and  constantly  crossing  from  one  to  another  of  them, 
that  boats  are  enabled  to  ascend  the  river.  Without  this  right  the 
whole  river  would  be  impracticable  both  to  the  Americans  and 
Spaniards. 

"  It  is  a  principle  that  the  right  to  a  thing  gives  a  right  to  the 
means  without  which  it  could  uot  be  used,  tiiat  is  to  say,  that  the 


TBBATY    or   '95   WITH   SPAIN. 


841 


menni  follow  the  end.  Thus  n  right  to  noTignte  n  river  drawa  to 
it  a  right  to  moor  vessels  to  its  shores,  to  land  on  them  in  cases  oi* 
distress,  or  for  other  necessary  purposes."* 

The  government  had  been  engaged  in  its  Spanish  nego- 
tiation for  twelve  years.  Some  of  the  nations  of  Europe, 
such  as  Austria,  had  refused  to  receive  and  acknowledge 
our  ministers,  and  although  this  might  be  matter  of  regret, 
it  could  not  be  of  complaint.  But  Spain,  early  in  the  revo- 
lution embarked  as  an  associate  against  the  common  enemy, 
had  in  other  respects  manifested  a  conduct,  far,  indeed,  from 
being  friendly.  During  hostilities,  America,  contending  for 
her  independence  uith  very  feeble  means,  had  not  rendered 
that  country  any  essential  services  ;  and,  instead  of  being 
able  to  confer  obligations,  sought  assistance  from  foreign 
states.  Spain  entered  into  the  contest,  not  certainly  in  con- 
sequence of  any  contract  or  convention  with  the  United 
States  ;  but  stimulated,  probably,  by  the  prospect  of  aggran- 
dizement in  her  American  colonies. 

Mr.  Short,  having  arrived  in  Madrid,  the  commissioners 
were  regularly  received  and  accredited  in  the  beginning  of 
February  '93.  The  negotiation  was  conducted  with  Don 
Diego  Gardoqui,  formerly  a  charge  in  America.  We  shall 
insert  in  this  place  the  instructions  prepared  in  1790  for 
Mr.  Carmichael,  respecting  the  Mississippi.  They  are  re- 
duced to  an  abridged  form,  and  develope  many  important 
political  movements  and  considerations  of  those  times. 

Heads  of  consideration  on  the  navigation  of  the  HHssissippi. 
"  Vfehave  aright  to  the  navigation  of  the  Mississippi — 1,  by  nature, 

~——— 2,  by  treaty. 

It  is  necessary  to  u8. 

More  than  half  the  territory  of  the  U.  S.  is  on  the  waters  of 
that  river.     200,000  of  our  citizens  arc  settled  on  them — of  whom 

•  On  the  subject  of  the  navigation  of  rivers,  we  refer  the  rentier  to 
the  articles  of  the  Congress  of  Vienna  of  1815,  respecting  the  naviga- 
tion of  the  Rhine,  the  Necknr,  tlie  Mnin,  tlic  Mosollc,  the  Meuse  and 
the  Sfheld,  particularly.  State  Paper  No.  16. — "Regulations  for  the 
Free  Navigation  of  Rivers."  (Schoell,  Recueil  dea  Pieces  Officielles, 
&c.  Tom.  viii.) 

VOL.    I.  31 


4 


342 


TREATY    OF    '95    WITH    8PAIW. 


40,000  bear  arms.  These  have  no  other  outlet  for  their  tobacco, 
rice,  corn,  hemp,  lumber,  house  timber,  ship  timber. 

Wc  have  hitherto  respected  the  indecision  of  Spain,  because  we 
wish  peace  :  because  our  western  citizens  have  had  v^nt  at  home 
for  their  productions.  .^ 

A  surplus  of  production  begins  now  to  demand  foreign  markets. 

Whenever  they  shall  say,  "  we  cannot,  we  will  not  be  longer 
shut  up,''  the  U.  S.  will  be  reduced  to  the  following  dilemma — 

1.  to  force  them  to  acquiescence, 

2.  to  separate  from  them,  rather  than  take  part  in  a  war  against 

Spain^  ,  • 

3.  or  to  preserve  them  in  our  union  by  joining  them  in  the  war. 
The  1st  is  neither  in  our  principles,  nor  in  our  power. 

2.  A  multitude  of  reasons  decide  against  the  2d — it  may  suffice 

to  speak  out  one  :  were  we  to  give  up  half  our  territory 
rather  than  engage  in  a  just  war  to  preserve  it,  we  should 
not  keep  the  other  half  long —  ,  -     " 

3.  The  3d  is  the  alternative  we  must  necessarily  adopt. 
How  are  we  to  obtain  that  navigation? 

A.  By  Force. 

I.  Acting  separately. 

That  we  can  effect  this  with  certainty  and  promptitude,  circum- 
stances decide. 
Objection — We  cannot  retain  New  Orleans,  for  instance,  were  we 

to  take  it.  •  .  , 

Answer — A  moderate  force  may  be  so  secured  as  to  hold  out  till 
succoured, — 
'  •'■       our  succours  can  be  prompt  and  effectual, — 
'  suppose  after  taking  it  we  withdraw  our  force. 

■  .'-'•'•  V  If  Spain  takes  it  by  an  expedition,  we  can  recover  it 

by  a  counter  expedition, —  i  j'.rt.- 

and  so,  as  often  as  the  case  shall  happen. 
: ;-      '    ^       Their  expeditions  will  be  slow,  expensive,  and  lead  to 
.  ^   ,  catastrophe; — 

Ours  sudden,  economical,  and  a  check  have  no  conse- 
«  ,     ,  quenccs. 

^vt.  We  should  associate  the  country  to  our  union,-— 

•'  ;.  .  ;.'  the  inhabitants  wish  this, —  : 


TREATY    OP    '96   WITH   SPAIN. 


243 


16  war.  f 


0  conse- 


they  are  not  disposed  to  be  of  the   Spanish  govern- 
D'cnt.  j 

It  is  idle  in  Spain  to  suppose  our  western  inhabitants 
u'ill  unite  with  them — they  could  be  quiet  but  a  short 
;  time  under  a  government  so  repugnant  to  tlieir  feel- 

ings— were  they  to  come  under  it  for  present  pur- 
Hu,'  poses  it  would  be  with  a  view  to  throw  it  off  soon — 

should  they  remain  they  would  communicate  n  spirit 
of  independence  to  those,  with  whom  they  should  1)6 
mixed. 
II.  Acting  in  conjunction  with  Great  Britain  and  with  a  view   to  par- 
tition.— The  Floridai   and  Island  of  JVew  Orleans  would  be  as- 
signed to  us.  '--    -I    •'     •  .    •      ' 
Louisiana  (or  all  the  western  waters  of  the  Mississippi)  to  them 
— we  confess  that  such  an  alliance  is  not  what  we   would  wish — 
because  it  may  eventually  lead  us  into  embarrassing  situations  with 
our  best  friend — and  put  the  power  of  two  neighbours  into  the 
hands  of  one. 

Lord  Lan^^owne  has  declared,  he  gave  the  Floridas  to  Spain 
rather  than  the  U.  S,,  as  a  bone  of  discord  with  the  house  of  Bour- 
bon, and  of  reunion  with  Great  Britain. 

Connolly''s  attempt  (as  well  as  other  facts)  proves  they  keep 
it  in  view. 

B.  By  negotiation.  ^^iv  _       ~ 

I.  What  must  Spain  do  of  necessity  ?  -    -^       .,-   -        n/ 

The  conduct  of  Spain  has  proved  that  the  occlusion  of  the 
Mississippi  is  system  with  her.  '  '   "     "  *^  i     r  <'i  -^ 

If  she  open  it  now,  it  wiii  be,  because  forced  by  imperious  cir- 
cumstances. 

She  will  consequently  shut  it  again  when  these  circumstances 
cease. 

Treaty  will  be  no  obstacle —     f     '       -        1     'i  i 
Irregularities,  real  or  pretended  in  our  navigators,  will  furnish 

colour  enough.     ■'  -  '!,    f 'r'  * 

Perpetual  broils,  and  finally  war  will  ensue. 
Prudence  and  even  necessity  impose  on  us  the  law  of  settling  the 

matter  now  finally,  and  not  by  halves. 
With  experience  of  the  past  and  prospect  of  the  future,  it  would 
be  imbecility  in  ua  to  accept  the  naked  navigation. 


'mi 


244 


TREATY    OP    '95   WITH    SPAIN. 


With  that  we  must  have  what  is  necessary —  ^^ 

1.  to  its  use,  and  without  which  it  would  be  useless, — 

2.  to  secure  its  continuance. 

That  is  a  port  near  the  mouth  to  receive  our  vessels  and  protect 
the  navigation — so  well  separated  in  jurisdiction  and  fact  as  to 
avoid  the  danger  of  broils. 

But  even  thin  will  not  secure  the  Floridas  and  Louisiana  against 
Great  Britain — 

If  we  are  neutral  she  will  wrest  those  possessions  from  Spain, — 

the  inhabitants  (French,  English,  Scotch,  American)  would  pre- 
fer England  to  Spain.  .,  •>  iu  '^H^^^sis     ii 
II.  What  then  had  Spain  better  do  of  choice  ? 

Cede  to  us  all  territory  on  our  side  the  Mississippi 

on  condition  that  wc  guaranty  all  her  possessions  on  the  western 
waters  of  that  river. 

She  agreeing  further,  to  subsidize  us,  if  the  guaranty  brings  us 
into  the  war. 

Should  Great  Britain  possess  herself  of  the  Floridas  and  Louisi- 
ana, her  governing  principles  are  conquest,  colonization,  com- 
merce, monopoly — 

She  will  establish  powerful  colonies  in  them  ; —  '  ^ - 

these  can  be  poured  into  the  gulph  of  Mexico  for  any  sudden 
enterprize  there, —  ►'     *  r--  h 

or  invade  Mexico,  their  next  neighbour,  by  land, — 

whilst  a  fleet  cooperates  along  shore  and  cuts  off  relief, — 

and  proceed  successively  from  colony  to  colony. 
With  respect  to  us,  if  Great  Britain  establishes  herself  on  our 

whole  land  board, —  ,     a 

our  lot  will  be  bloody  and  eternal  war, —  .:.!',; 

or  indissoluble  confederacy.  .,  ^, 

Which  ought  we  to  choose? 

What  will  be  the  lot  of  the  Spanish  colonics  in  the  jaws  of  such 
a  confederacy  ? 

What  will  secure  the  ocean  against  monopoly  ? 
Safer  for  Spain  that  we  should  be  her  neighbour  than  England. 

Conquest  not  in  our  principles, — inconsistent  with  our  govern- 
ment,— 

not  our  interest  to  cross  the  Mississippi  for  ugesy — 

and  will  never  be  our  interest  to  remain  united  with  those  who 
do. 


TREATY   OP    '95  WITH   SPAIN. 


245 


Intermediate  chances  save  the  trouble  of  calculating  so  far  for- 
ward. 
Consequences  of  this  cession  and  guaranty. 

1.  Every  subject  of  difference  will  be  removed  from  between 
Spain  and  the  United  States — 

2.  Our  interest  will  be  strongly  engaged  in  her  retaining  her 
American  possessions. 

3.  Spain  will  be  quieted  as  to  Louisiana,  and  her  territories  west 
of  that. 

4.  She  may  employ  her  whole  force  in  defence   of  her  islands 
and  southern  possessions. 

5.  If  we  preserve  our  neutrality,  it  will  be  a  very  partial  one  to 
her. 

6.  If  we  are  forced  into  the  war,  it  will  be  as  we  wish  on  the  side 
of  the  house  of  Bourbon. 

7-  Oa>  [<rivateers  will  commit  formidable  dcpredi  ons  on  the 
British  trade  and  occupy  much  of  their  force — 

8.  By  withholding  supplies  of  provision  as  well  as  concurring 
in  expeditions,  the  British  Islands  will  be  in  imminent  danger. 

9.  Their  expenses  of  precaution  both  for  their  continental  and 
insular  possessions  will  be  so  augmented  as  to  give  a  hope  of 
running  their  credit  down — 

In  fine  for  a  narrow  slip  of  barren,  detached  and  expensive 
country,  Spain  secures  the  rest  of  her  territory  and  makes 
an  ally  where  she  might  have  a  dangerous  enemy." 

But  it  was  soon  ascertained,  that  Spain  was  not  at  that 
time  disposed  to  admit  the  limits,  or  the  navigation  of  the 
Mississippi.  Circumstances  were  quite  unfavourable  for  the 
success  of  this  undertaking.  The  threatened  rupture  be- 
tween England  and  that  country,  on  account  of  the  seizure 
of  the  English  settlement  in  Nootka  sound  by  Martinez  in 
1789,  had  been  prevented  by  the  convention  of  the  Escu- 
rial  of  the  following  year;  and  in  1793  the  National  Con- 
vention declared  war  against  Spain  ;  a  measure,  which  at 
the  moment  appeared  an  act  of  desperation  ;  in  any  view,  an 
unnecessary  proceeding,  for  Spain  had  given  France  no  other 
cause  for  it  than  an  application  to  the  convention  in  behalf 
of  Louis  XVI.      Soon  after  this  event,    Spain   joined   the 


246 


TREATY    OP   '95   WITH    SPAIN. 


I' 


league  against  France  by  a  treaty  signed  at  Madrid,  in  May 
'93,  with  Lord  St.  Helens.  And  in  the  course  of  the  year, 
all  the  European  powers,  with  the  exception  of  Sweden, 
Denmark,  the  grand  duchy  of  Tuscany,  Svvisserland,  and  the 
republics  of  Genoa  and  Venice,  became  parties  to  this  coali- 
tion. France  appeared  in  the  act  of  being  crushed  ;  and 
Spain,  having  the  support  of  England,  and  being  a  principal 
member  of  an  alliance,  well  considered  irresistible,  felt  herself 
better  able  to  maintain  her  unjust  pretensions  in  North 
America.  Some  considerations,  personal  to  the  Spanish 
minister,  also,  presented  obstacles  to  the  termination  of  the 
negotiation.  M.  Gardoqui,  who  had  resided  in  the  United 
States  during  the  confederation,  and  had  been  an  eye  wit- 
ness of  the  weakness  of  that  government,  of  its  feeble  and 
uncertain  control  and  action  over  the  states,  of  the  apparent 
discord  and  divisions  that  existed  in  the  country,  more  es- 
pecially on  the  Spanish  subject,  of  the  tardy  and  ineffectual 
manner  in  which  the  provisions  of  treaties  had  been  enforced, 
of  the  unsatisfactory  authority,  with  which  it  was  invested  in 
relation  to  foreign  powers,  naturally  imbibed  an  impression, 
that  a  government,  composed  of  parts,  so  disjointed  and  jeal- 


ous, could  neither  be 


strong  nor 


permanent.      The  minister 


frankly  said,  he  did  not  believe,  that  the  northern,  middle 
and  southern  states  could  be  brought  to  act  in  concert 
against  a  foreign  enemy,  nor  could  their  efforts  ever  cause 
much  apprehension,  as  the  government  had  no  navy.  This 
conviction  added  to  the  reluctance,  expressed  by  the  court  of 
Spain,  to  enter  into  a  treaty  w:*h  us.  Tlie  old  court  of 
France,  also,  opposed  formerly  the  claims  of  the  Americans 
in  this  quarter,  an  opposition,  the  effects  of  which  were  still 
felt  at  Madrid.  We  discover  proofs  of  this  fact  in  a  letter 
from  the  French  minister  at  Aranjuez  to  M.  de  Vergennes, 
made  public,  when  the  bureaus  of  the  ministers  of  Louis 
XVL  were  seized  upon  by  the  constituent  assembly  : 

"  The  cabinet  of  Madrid  thinks  it  has  the  greatest  interest  not 
to  open  the  Mississippi  to  the  Americans,  and  to  disgust  them  from 
making  establishments  on  that  river,  as  they  would  not  dehiy  to 
possess  themselves  of  the  commerce  of  New-Orleans  and  Mexico, 


TKEATY     OF     '95     WITH     SPAIN. 


247 


whatever  impetliments  should  be  opposed  to  their  progress,  and 
that  they  wouhl  become  neighbours  the  more  dangerous  I'or  Spain, 
as,  even  in  their  present  weakness,  thoy  conceive  vast  projects  for 
the  conquest  of  the  western  shore  of  the  Mississippi.  Montmoria 
adds,  "  that  Spain  is  decided  to  make  tljc  savages  a  barrier  between 
her  possessions  and  those  of  the  Americans,  ihat  it  would  oppose,  if 
necessary,  other  obstacles  to  their  progress,  and  that  his  christian 
majesty  could  not  give  to  his  catholic  majesty  a  greater  proof  of 
his  attachment,  than  in  employing  his  inlluence  in  the  United  States 
to  divert  their  views  from  the  navigation  of  the  Mississippi." 

The  instructions  of  the  commissioners,  in  relation  to  the 
boundary  and  the  navigation,  were  in  the  nature  of  a  sine  qua 
non.  But  they  believed  it  was  not  for  the  advantage  of  the 
United  States  to  break  off  the  negotiation  at  once,  though  no 
doubt  could  remain  of  the  impossibility  of  obtaining  those 
conditions  at  that  moment.  ;    :, 

We  shall  here  interrupt  this  narrative  to  relate  a  few 
circumstances,  that  properly  belong  to  the  diplomatic  history 
of  Spain,  though  not  immediately  connected  with  this  particu- 
lar negotiation.  The  Indians  on  our  southern  borders  were 
the  causes  of  the  same  misunderstanding  with  the  Spaniards, 
as  those  of  the  northern  portion  had  been  with  the  English. 
These  aborigines,  native,  independent  nations,  inhabited  a 
territory  they  actually  owned  ;  not  acquainted  with  the  rules, 
that  direct  the  intercourse  of  civilized  people,  they  did  not 
possess  accurate  notions  on  the  subject  and  propriety  of  neu- 
trality ;  their  modes  of  life  were  such,  that  if  they  committed 
acts  of  hostility,  it  was  not  easy  to  detect  them,  and  their 
friendship  being  easily  purchased,  it  was  still  more  difficult 
to  trace  the  foreign  influence,  to  which  they  were  subject. 
Their  territory  was,  also,  infested  by  numbers  of  white  men, 
whom  vices  or  a  restless  disposition  led  from  their  own 
country,  and  whose  artifices  and  control  over  the  Indians 
were  often  attended  with  pernicious  consequences.  The 
United  States,  in  their  diplomatic  relations  with  Spain  and 
Great  Britain,  have  sufl'crcd  an  unusual  share  of  inconve- 
nience and  mischief  from  the  existence  of  these  tribes  on 
their  frontiers,  equally  unavoidable  with  the  wrongs  and  out- 


4, 


\l' 


248 


TREATY    OP    '95     WITH    SPAIN. 


15;  a,, 


rages  to  which  the  natives  themselves  have  been  necessarily 
exposed — circumstances  of  grievance  and  oppression,  it 
seems  the  order  of  nature,  liowever  difficult  to  comprehend 
or  much  to  be  deplored,  that  barbarous  nations  should  always 
encounter  when  brought  into  contact  with  civilized  ones. 
The  Creeks,  Chickasaws,  Choctaws,  Cherokees,  and  other 
warlike  races  had  their  residence  on  the  frontiers  of  Georgia 
and  the  Spanish  possessions.  These  tribes,  powerful  and 
numerous,  well  supplied  with  arras  and  ammunition,  commit- 
ted various  acts  of  aggression  on  our  borders,  and  they  pro- 
bably did  not  spare  the  Spanish.  Some  of  them  had  been 
engaged  with  Great  Britain  in  the  revolution  war  against  U3, 
others  were,  at  this  time,  connected  with  Spain  by  treaties 
of  friendship  and  alliance,  and  others  again  were  on  the  same 
footing  with  the  United  States.  These  various  circumstances, 
and  the  situation  and  leagues  of  the  different  tribes  readily 
led  to  irritation,  often  to  murders,  and  desolations.  It  is 
not  necessary  to  give  a  detailed  account  of  the  remonstrances 
and  complaints  of  the  Spanish  commissioners  in  relation  to 
unprovoked  Indian  hostility,  and  the  criminal  interference  of 
the  United  States.  But  they  all  appear  to  have  been  un- 
founded ; — they  arose  from  misapprehension  on  the  part  of 
Spain  ; — the  frontiers  of  that  nation  had  unquestionably  suf- 
fered from  the  acts  of  the  Indians.  Smarting  from  the  in- 
cursions of  these  marauders,  and  provoked  with  the  United 
States  for  resisting  their  pretensions  in  the  west,  the  Span- 
iards, naturally  enough,  attributed  to  the  American  govern- 
ment those  aggressions,  which,  in  truth,  were  caused  by  the 
peculiar  condition  and  circumstances  of  the  Indian  tribes. 

It  is,  however,  certain  that,  after  war  was  declared  by 
France  in  March  '93,  hostile  armaments  were  organized  in 
Kentucky  against  the  dominions  of  Spain  on  the  Mississippi, 
not  only  by  foreigners,  but  also  by  American  citizens.  We 
have  already  alluded  to  the  great  degree  of  uneasiness  that 
existed  in  the  western  country  on  the  subject  of  the  naviga- 
tion of  that  river.  Information  was  given  to  the  department 
of  state,  that  four  foreigners  left  Philadelphia  for  Kentucky 
in  the  month  of  October,  furnished  with  authority  from  the 


TREATY     OF    '95     WITH     SPAIW. 


249 


French  minister  to  engage  and  enlist  men,  whether  citizens 
or  not,  on  any  part  of  their  route,  to  undertake  an  expedi- 
tion against  the  Spanish  settlements,  of  which  the  ultimate 
object  was  the  conquest  of  New  Orleans.      They  were  also 
supplied  with   money  and   blank  military  commissions.     It 
was  clearly  proved  that  a  number  of  American  citizens  had 
received   commissions,   tiiat   preparations  of  provisions  and 
ammunitions  were  made,  and  that  a  military  force  was  or- 
ganized within  the  limits  of  the  United  States,  and  about  to 
set   out  on  a  military  expedition    against  the  dominions  of 
Spain.      This    business    had    a    serious    aspect.     President 
Waijhington  observed,  in  a  message  to  Congress,  the  scheme 
"  sets  public  order  at  defiance,   and  places  the  peace  of  the 
United  States  in  the  discretion  of  unauthorized  individuals." 
A  proclamation  was  issued  without  delay,  forbidding  the  en- 
terprize,  and  the  necessary  orders  sent  to  the  United  States 
officers  on   the   points  threatened.      A  correspondence  also 
took  place  between  Mr.  Jefferson  and  the  governor  of  Ken- 
tucky on  the  subject.      The  governor  was  officially  informed 
of  these  hostile  proceedings,  and  his  assistance  requested  in 
maintaining  the  laws  of  the  country  and  of  nations.      A  wrong 
impression  appears  to  have  been  entertained  there,  at  that 
time,  respecting  the  powers  of  the  general  government,  the 
more  remarkable,   as,   in   the  painful  controversy  with  M. 
Genet,  the  executive  had  repeatedly  and  very  recently  ex- 
ercised  the  power  vested  in   it  by  the  constitution  and  by 
statute,   (act  of  May  2,    1793,)  of  requiring  the  aid  of  the 
governors  of  states  in  cases  precisely  similar  to  those,  which 
occurred   in   Kentucky.      The   governor  intimated   a  doubt, 
whether  he  had  a  right  to  restrain  men  from  leaving  the  state 
with   arms    and    ammunition  ;    we  shall  presently  quote  his 
own  words.      This  was  the  beginning  of  the  Federal  govern- 
ment ;    and,  connected   with  the  controversy  with  France, 
may  well  be  called  its  crisis.      These  instances  of  reluctance 
in  the  states  to  comply  with  the  requisitions  of  the  national 
executive,  not  only  show  with  remarkable  distinctness  the 
difficulties  the  government  had  to  surmount  at  its  first  set- 

voL,   I.  32 


i 


*»-.-  •  -', 


250 


TREATY    OP     *95    WITH    SPAIN. 


ting  out,  but  they  illustrate,  in  an  intelligible  and  practical 
way,  the  legitimate  scope  and  action  of  the  constitution  : 

*^  I  have  great  doubts,  even  if  t'  cy  do  nttempt  to  carry  their 
plan  into  execution,  (provided  they  manngc  their  business  with 
prudence)  whether  there  is  any  legal  authority  to  restrain  or  pu- 
nish them,  at  least,  before  they  have  actunlly  accomplished  it,  for 
if  it  is  lawful  for  one  citizen  of  this  state  to  leave  it,  it  is  equally 
so  for  any  numher  of  them  to  do  it.  It  is,  also,  lawful  for  them  to 
carry  with  them  any  quantity  of  provisions,  arms  and  ammunition, 
and,  if  this  act  is  lawful  in  itself,  there  is  nothing  but  the  particular 
intention  with  which  it  is  done,  that  can  possibly  make  it  unlawful." 

The  following  extracts  from  a  letter  of  the  Secretary  of 
State,  comprise  the  whole  of  the  argument  in  defence  of  the 
constitutional  exercise  of  power  required    by  the  executive  : 

^'  That  foreigners  should  meddle  in  the  affairs  of  a  government 
where  they  happen  to  be,  has  scarcely  ever  been  tolerated,  and  is 
often  very  severely  punished.  That  foreigners  should  point  the 
force  of  a  nation  against  its  will,  to  objects  of  hostility,  is  an  inva- 
sion of  its  dignity,  its  tranquillity,  and  even  safety.  .Upon  no  prin- 
ciple can  the  individuals  on  whom  such  guilt  shall  be  fixed,  bid  the 
government  to  wait  until  their  numbers  shall  defy  the  onlinary  ani- 
madversions of  law,  and  until  they  are  incapable  of  being  subdued 
by  the  force  of  arms." "  Nor  is  this  offence  of  foreigners  ex- 
piated or  lessened  by  an  appeal  to  a  presumed  right  in  the  citizens 
of  Kentucky  to  enlist  under  such  banners  wid^out  the  approbation 
of  their  country.  In  a  government  instituted  for  the  happiness  of 
the  whole,  with  a  clear  delineation  of  the  channels  in  which  the 
authority  derived  from  them,  must  flow,  can  a  part  only  of  the  ci- 
tizens wrest  the  sword  from  the  hands  of  those  magistrates,  whom 
the  whole  have  invested  with  the  direction  of  military  power  ? 
They  may,  it  is  true,  leave  their  country,  they  may  take  arms  and 
provisions  with  them,  but  if  these  acts  be  done  not  on  the  ground 
of  mere  personal  liberty,  but  of  being  retained  in  a  foreign  service 
for  purposes  of  enmity  against  another  people,  satisfaction  will  be 
demanded,  and  the  state,  to  which  they  belong,  cannot  connive  at 
their  conduct  without  hazarding  a  rupture." — "  The  laws  have 
rendered  it  lawful  for  the  President,  in  case  of  invasion,  to  call 
forth  the  militia,  or  to  issue  his  orders  for  that  purpose  to  such  of- 


TREATY     OF     '95     WITH    SPAIN. 


351 


J  an  inva- 


ficer  of  the  militin  ns  he  shall  think  proper.  They  have  empower- 
ed him  to  call  forth  the  militia  of  one  stale  for  the  suppression  of 
an  insurrection  in  another,  under  certain  circumstances,  and  to  sub- 
due by  the  militia  any  combinations  against  the  laws  which  may  be 
too  powerful  for  ordinary  judicial  proceedings." 

The  American  commissioners,  at  the  court  of  Madrid, 
having  found  in  the  state  of  public  affairs  in  Europe  insupe- 
rable difficulties  to  the  successful  termination  of  their  mis- 
sion, Mr.  Carmichael  returned  to  the  United  States,  leaving 
M».  Short  as  minister  resident.* 

In  the  spring  of  '95,  a  great  change  became  apparent  in 
the  situation  and  feelings  of  that  court.  Spain  had  been  un- 
successful in  the  war  with  France,  and  the  alliance  with 
England  was  unpopular.  A  fatal  disagreement  arose  in  the 
Mediterranean  between  the  English  Admiral  Lord  Hood  and 
the  Spanish  Admiral  Langara,  and  the  French  armies  of  the 
Western  Pyrenees,  having  taken  Roses,  Pampeluna,  and 
gained  other  advantages,  were  advancing  rapidly  on  the  line 
of  the  Ebro.  The  Spanish  government,  having  neither  men 
nor  money  left,  suddenly  extricated  itself  from  the  dangers, 
with  which  it  was  then  enveloped,  by  a  peace  concluded, 
July  1795,  at  Basle.  This  treaty,  extremely  popular  at 
Madrid,  was  negotiated  under  the  auspices  of  Manuel  Godoy, 
at  that  time  Duke  of  Alcudia,  become  since  every  where 
famous  by  the  name  of  Prince  of  Peace,  a  title  conferred  on 
him  as  a  compliment  to  his  successful  efforts  on  that  occa- 
sion.f      Spain  escaped  a  political   revolution,  and  the  over- 

*  During  the  first  administration  under  the  constitution,  Spain  was 
represented  in  this  country  by  Messrs.  Jaudcnes  and  Viar,  in  the  ca- 
pacity of  commissioners  or  ministers  resident. 

f  The  royal  order,  by  which  this  title  was  granted  to  Manuel  Godoy, 
is  of  so  singular  a  character  that  we  venture  to  present  an  extract  of  it 
to  the  reader: — "  It  is  my  desire,"  says  Charles  IV., "that  besides  his 
usual  arms,  and  other  emblems  of  dignity,  he  shall  bear,  in  his  quality 
of  Prince  of  Peace,  above  the  ducal  coronet,  a  Janus,  or  head,  with 
two  faces,  as  a  testimony  of  the  wonderful  prudence  he  has  shown  on 
the  occasion  of  this  peace  ;  for,  in  reality,  the  prudent  man  should  be 
provided  with  two  faces,  both  to  observe  the  past  and  the  future,"  &c. 


252 


TREATY     OF     '95    WITH     SPAIN. 


throw  of  the  younger  branch  of  the  Bourbons  on  its  throne, 
with  which  it  was  then  menaced  by  the  French  armies.  But 
by  this  treaty  the  Court  of  AruDJuez  recognised  the  autho- 
rity of  that  government,  uliicli  had  deinolislied  its  elder 
branch  in  France,  and  did  little  more  than  delay  its  own  an- 
nihilation. Though  the  peace  of  Basic  was  forced  upon 
Spain,  a  foreign  writer  has  well  observed,  that  the  best  coin' 
inentary  upon  it  is  to  be  found  in  an  expression  of  the  pro- 
clamation of  Joseph  Bonaparte,  issued  at  Cordova  in  1810  : — 
*♦  When  an  extraordinary  revolution  expelled  from  the  throne 
in  France  the  reigning  family,  the  Spanish  branch  should 
cither  not  have  laid  down  its  arms  till  it  had  been  reestab- 
lished, or  should  expect  ilsvlf  60)ne  datj  or  other  to  be  driven 
from  the  throne  of  Spain.''''  '..'■-■■ 

The  exhausted  state  of  Spain,  the  ill  success  of  the  coalition 
of '93  against  France,  from  which  she  was,  however,  released 
by  the  treaty  of  Basle,  though  not  without  suflering  her  full 
share  of  damage,  and  the  rai)idly  decaying  condition  of  her 
marine  and  commerce  presented  a  favourable  opportunity  for 
renewing  the  negotiations  respecting  the  Mississippi.  The 
,  reputation  his  first  diplomatic  achievement  had  given  the 
Prince  of  Peace,  made  him  ambitious  to  seek  more  distinct- 
tion  in  the  same  career.  Mis  court,  threatened  with  a  war 
by  the  United  States,  and  exceedingly  alarmed  by  the  de- 
termined disposition  of  the  inhalntants  of  the  Western  States, 
particularly  of  Kentucky,  (whose  celebrated  resolutions  at 
Lexington  in  the  year  '9  1,  iiavc  now  passed  down  the 
smooth,  quiet  stream  of  o!)!ivion,  togctlier  with  so  many 
other  political  acts  in  this  country,  which,  at  the  time,  seem- 
ed to  forbode  nothing  less  than  the  dissolution  of  the  union) 
could  expect  to  derive  little  benefit  from  a  continued  delay 
and  evasion. — In  the  coalition  of  1793,  Spain  gave  the  first 
indiication  of  that  decline  and  decrepitude,  of  which  we  have 
since  witnessed  the  misciable  consummation.  Until  this 
period,  that  celebrated  people  had  retained  in  Europe  a  large 
portion  of  the  inlluence,  their  ancient  and  well  earned  re- 
nown most  legitimately  conferred  on  them.  With  the  old 
governments  of  the  continent  Spain  had  easily  'icpi  an  equal 


TKRATY     OF     *05     WITH     «PA1N. 


253 


pace  ;  but  when  olrcumstanpcs  brought  her  to  a  grappio 
witli  France,  then  frosh,  youthful  atid  aspiring,  or  with  the 
firm,  vi{;oroui),  and  well  matured  goveininent  of  Great  Bri- 
tain, it  was  soon  perceived  tl»at  her  glory  and  strength  exist- 
ed only  in  tradition.  The  Spanish  court,  undoubtedly,  im- 
pressed with  a  sense  of  its  own  weakness,  with  the  palsy  of 
its  institutions,  looked  round  for  the  safest  and  least  exposed 
path  in  wliich  it  could  best  retire  from  the  contest.  Her 
geographical  situation  fortunately  permitted  her  to  be  for 
several  years  a  spectator  of  the  perilous  events  of  those 
times,  for  it  was  quite  evident  that  until  a  political  regenera- 
tion took  place  among  her  pco])lc,  war  would  bring  her  noth- 
ing but  disgrace,  disaster  and  impoverishment.  But  the  trea- 
ty of  Basle  placed  Spain  in  a  situation  certainly  new  as  it 
regarded  England  ;  a  power,  on  account  of  its  navy  and  co- 
lonial possessions,  capable  of  doing  Spain  a  great  deal  more 
mischief  than  France.  This  circumstance,  probably,  had 
some  influence  in   the  final  negotiation  respecting  the  Misr 

SiSSippi.  ^•'■''  •"  •       •  •..,'.:       ,   I,"    v.. ■..-■,',;     >;»r'.:«-.»l 

Thomas  Pinkncy,  of  South  Carolina,  having  been  nomi-r 
nated  the  preceding  November  envoy  extraordinary,  arrived 
in  Madrid  in  '95,  before  the  conclusion  of  the  peace  with 
France.*  He  was  sent  from  London  as  a  special  minister, 
with  instructions  to  propose  a  settlement.  Spain  finally 
made  a  sacrifice  of  the  limits  and  the  Mississippi,  but  it  was 
done  with  the  utmost  reluctance ;  and  it  was  not  till  October 
that  the  treaty  was  signed. f      So  much  delay  was  again  rer 


*  This  mission  was  successively  ofiered  to  Patrick  Henry  nnij 
Thomas  Jeflursoii. 

t  This  is  a  treaty  of  fiiendsliip,  limits  and  navigation.  It  contains 
no  stipulations  respecting  coiiinierco,  ns  it  relates  to  the  intercourse  of 
the  two  nations  ;  it  defines  the  right  of  search,  hut  not  that  of  block- 
ade, and  contains  the  usual  stipulation  on  the  head  of  trade  with  an 
enemy's  ports :  • 

"  Art.  2.  The  southern  boundary  of  the  United  States,  which  divides 
their  territory  from  the  S|)anish  colonies  of  Eiist  and  West  Florida, 
shall  be  designated  by  a  line  beginning  on  the  river  Mississippi,  at  the 
northernmost  part  of  the  thirty-lirst  degree  of  latitude  north  of  the 


254 


TRRATY     or     '96     WITH     SPAIN. 


sorted  to,  that  Mr.  Pinkney  demanded  his  passports  to  return 
to  England.  This  treaty,  usually  called  the  treaty  of  San 
Lorenzo  el  Real,  was  properly  a  convention  only  of  limits 

equator,  which  froni  thonco  shall  bo  drnwn  due  east  to  the  inidille  of 
the  rivor  Apalochicolu,  or  Catahoucho;  thcrico  a\ung  the  niiddio 
thereof  to  it!*  junction  with  the  Flint;  tlicnco  Ntrait  to  the  head  of 
St.  Mary's  river,  nnd  tlienro  down  the  middle  thereof  to  the  Atlantic 
ocean.  And  it  is  agreed,  that  if  there  should  he  any  troops,  garrisons, 
or  settlements  of  cither  party,  in  the  territory  of  the  other,  according 
to  the  above  mentione<l  hoimilarics,  thoy  shall  be  withdrawn  from  the 
said  territory  within  the  term  of  six  months  oAcr  the  ratification  of 
this  treaty,  or  sooner  if  it  ho  possible  ;  and  that  they  shall  be  permitted 
to  take  with  them  all  the  goods  and  efl'ects  which  they  possess. 

"Art.  3.  Each  party  to  furnish  a  commissioner  and  surveyor,  to 
meet  ut  Natchez,  within  six  months  aft<;r  ratification,  to  run  the  boun- 
dary lint:!,  to  make  plans,  keep  journals,  &c.  which  are  to  be  considered 
as  part  cf  this  convention. 

"Art.  i.  It  is  likewise  agreed,  that  the  western  boundary  of  the 
United  States,  which  separates  them  from  the  Spanish  colony  of  Loui- 
siana, is  in  the  middle  of  the  channel,  or  bed  of  the  river  Mississippi, 
from  the  riorthern  boundary  of  the  said  states,  to  the  completion  of  the 
^hirty-first  degree  of  latitude  north  of  the  equator.  And  his  Catholic 
Majesty  has  likewise  agreed,  that  the  navigation  of  the  said  river,  in 
its  whole  breadth,  from  its  source  to  the  ocean,  shall  be  free  only  to 
his  subjects  and  the  citizens  of  the  United  States,  unless  he  should 
extend  tliis  privilege  to  the  subjects  of  other  powers  by  special  coH'!- 
vention. 

"Art.  5.  No  treaties,  except  treaties  of  peace,  to  be  made  by  one 
party  with  the  Indians,  living  within  the  boundary  of  the  other. 

"Art.  6.  Each  party  to  protect  the  vessels  of  the  other  within  its 
jurisdiction,  by  sea  or  land ;  and  to  restore  vessels  and  effects  by 
whomsoever  taken. 

"  Art,  7.  Citizens  and  subjects,  vessels  and  effects,  not  liable  to  em- 
bargo, or  detention,  fbr  any  military  expedition,  &c.  by  either  party. 

"Art.  8.  Vessels  of  either  party,  forced  by  stress  of  weather,  &c. 
into  the  ports,  &c.  of  the  other,  to  be  received  with  kindness,  allowed 
to  refresh,  and  freely  to  depart. 

"Art.  9.  Property  taken  from  pirates  to  be  restored  to  the  true 
owner,  on  proof.  ,,'    :,  > 

"Art.  10.  In  cases  of  wrecks,  &c.  each  party  to  afford  the  other 
the  same  assistance  it  would  give  to  its  own  citizens  or  subjects  under 
similar  circumstances,  &c. 


TRKATT    or    '05    WITH    SPAIN. 


253 


and  navigation  ;  for  it  did  not  contain  a  commercial  regu1a<' 
tion.  The  boundaries  both  to  the  south  and  the  west  were 
fixed  agreeably  to  the  demands  of  the  United  States  ;  they 

*'  Art.  11.  Riglit  ofdcviso,  donation,  and  ofinlicritanco,  with  respect 
to  personal  goodn,  sociired  to  the  citizonsi  or  aul)jccts  ofcuch  party,  in 
the  dominions  of  the  other,  &c. 

''Art.  13.  Merclinnt  ships  of  one  party,  making  for  a  port  of  an 
enemy  of  the  otlicr,  obliged  to  exhibit  pnsiiports  and  certificates,  &c. 

"  Art.  13.  In  cnso  of  wur  between  the  parties,  one  yeor,  after  pro- 
rlumation  of  it,  allowed  to  citizens  and  subjects,  respectively,  to  settle 
Oieir  affairs,  &c. 

*'  Art.  14.  No  subject  of  Spain  to  take  a  commission  from  a  third 
power  with  whom  the  United  States  are  at  war,  to  cruise  against  the 
citizens,  &c.  of  the  latter :  Nor  any  American  citizen  to  take  a  com- 
mission from  a  power  with  which  Spain  is  at  war,  to  cruise  ogainst 
the  persons  and  property  of  Spaniards.    - 

"Art.  15.  Free  trade  allowed  with  on  enemy:  And  from  one  ene- 
my port  to  another  enemy  port,  either  directly  or  indirectly.  Free 
ships  to  make  free  goods :  Contraband  goods  excepted.  Free  ships 
to  protect  persons,  unless  they  are  soldiers  in  the  actual  service  of  an 
enemy. 

"Art.  10.  This  liberty  of  navigation  nnd  commerce  shall  e.yterd  to 
all  kinds  of  merchandises,  excepting  those  only  which  are  distinguish- 
ed by  the  name  of  contraband  ;  and  under  this  name  of  contraband,  or 
prohibited  goods,  shall  be  comprehended,  arms,  great  guns,  bombs 
with  the  fusees,  and  the  other  things  belonging  to  them,  cannon  ball, 
gunpowder,  match,  pikes,  swords,  lances,  speors,  halberds,  mortars, 
petards,  grenades,  saltpetre,  muskets,  musket  ball,  bucklers,  helmets, 
breast  plates,  coats  of  mail,  and  the  like  kinds  of  arms,  proper  for  arm- 
ing soldiers ;  musket  rests,  belts,  horses  with  their  furniture,  and  all 
other  warlike  instruments  whatever.  These  merchandises  which  fol- 
low, shall  not  be  reckoned  among  contraband  or  prohibited  goods ; 
that  is  to  say  :  all  sorts  of  cloths,  and  all  other  manufactures  woven  of 
any  wool,  flax,  silk,  cotton,  or  any  other  materials  whatever ;  all  kinds 
of  wearing  apparel,  together  with  all  species  whereof  they  are  used  to 
be  made  ;  gold  and  silver,  as  well  coined  as  uncoined  ;  tin,  iron,  latten, 
copper,  brass,  coals ;  as  also  wheat,  barley  and  oats,  and  any  other 
kind  6f  corn  and  pulse  ;  tobacco,  and  likewise  all  manner  of  spices, 
salted  and  smoked  flesh,  salted  fish,  cheese  and  butter,  beer,  oils, 
wines,  sugars  and  all  sorts  of  salts:  and,  in  general,  all  provisions, 
which  serve  for  the  sustenance  of  life  :  furthermore,  all  kinds  of  cot- 
ton, hemp,  flax,  tar,  pitch,  ropes,  cables,  sails,  sail  cloths,  a>ichori>. 


256 


TREATY     OF     '95    WITH     SPAIN. 


will  be  found  in  the  2d  and  4th  articles.  The  whole  breadth 
of  the  Mississippi  was  ceded,  during  tlie  term  of  the  treaty, 
for  navigation,  though  his  catholic  majesty  was  authorized  to 

and  any  parts  of  anchors,  also  ships'  masts,  planks,  and  wood  of  all 
kind,  and  all  other  things  ])roper  either  for  building  or  repairing  ships, 
and  all  other  goods  whatever,  which  have  not  been  worked  into  the 
form  of  any  instrument  prcjjared  for  war,  by  land  or  by  sea,  shall  not 
be  reputed  contraliand  ;  much  less,  such  as  have  been  already  wrought 
and  made  up  for  any  other  use ;  all  which  shall  be  wholly  reckoned 
among  free  goods :  as   likewise,  all  other  merchandises  and   things, 
which  are  not  comprehended  and  particularly  mentioned  in  the  fore- 
going enumeration  of  contraband  goods  :  so  that  they  may  be  trans- 
ported and  carried  in  the  freest  manner  by  the  subjects  of  both  par- 
ties, even  to  places  belonging  to  an  enemy,  such   towns  or  places 
being  only  excepted,  as  are  at  that  time  besieged,  blocked  up,  or  in- 
vested.    And,  except  the  cases  in  which  any  ship  of  war,  or  squad- 
ron, shall,  in  consequence  of  storms  or  other  accidents  at  sea,  be  un- 
der the  necessity  of  taking  the  cargo  of  any  trading  vessel  or  vessels, 
in  which  case  they  may  stop  the  said  vessel  or  vessels,  and  furnish 
themselves  with  necessaries,  giving  a  receipt,  in  order  that  the  power 
to  whom  the  said  ship  of  war  belongs,  may  pay  for  the  articles  so 
taken,  according  to  the  price  thereof,  at  the  port  to  which  they  may 
appear  to  have  been  destined  by  the  ship's  j)apers:  and  the  two  con- 
tracting parties  engage,  that  the  vessels  shall  not  be  detained  longer 
than  may  be  absolutely  necessary  for  their  said  ships  to  supply  them- 
selves with  necessaries.     That  they  will  immediately  pay  the  value  of 
the  receipts,  an.l  indemnify  the  proprietor  for  all  losses  which  he  may 
have  sustained  in  consequence  of  such  transaction. 

"Art.  17.  One  of  the  parties  being  engaged  in  war,  the  vessels  of 
the  other  must  be  furnished  with  sea  letters  or  passports,  &c. 

"Art.  18.  Vessels  of  war  of  either  ])arty,  visiting  merchantmen  of 
the  other,  under  the  right  of  search,  to  remain  out  of  cannon  shot,  and 
board,  in  a  boat,  with  two  or  three  men  only. 

"Art.  19.  Each  party  permitted  to  establish  consuls  in  the  ports  of 
the  other,  &c. 

"  Art.  20.  It  is  also  agreed,  that  the  iidiubitants  of  the  territories  of 
each  party  shall  respectively  have  free  access  to  the  courts  of  justice 
of  the  other,  and  they  shall  be  porn.ittod  to  prosecute  suits  for  the  re- 
covery'of  their  i)roperties,  the  payment  of  their  debts,  and  for  ol)taiu- 
ing  satisfaction  for  the  daumges  which  tlicy  may  have  sustained, 
whether  the  persons  wjiom  they  may  sue  be  subjects  or  citizens  of  the 
country  in  which  they  may  be  found,  or  any  other  persons  whatsoever, 


m 


TREATY    OF    '95     WITH    SPAIN. 


267 


cede,  by  a  special  convention,  the  same  to  any  other  nation. 
A  right  of  deposite  for  goods  at  New  Orleans,  on  condition 
of  paying  a  reasonable  price  for  storage,  was  obtained,  and  a 

who  may  have  taken  refuge  therein ;  and  the  proceedings  and  sen- 
tences of  the  said  courts  shall  be  the  same  as  if  the  contending  parties 
had  been  subjects  or  citizens  of  the  said  country. 

"Art.  21.  In  order  to  terminate  all  differences  on  accoimt  of  the 
losses  sustained  by  the  citizens  of  the  United  States,  in  consequence 
of  their  vessels  and  cargoes  having  been  taken  by  the  subjects  of  bis 
Catholic  Majesty,  during  the  late  war  between  Spain  and  France,  it  is 
agreed,  that  all  such  cases  shall  be  referred  to  the  final  decision  of 
commissioners,  to  be  appointed  in  the  following  manner  :  His  Catholic 
Majesty  shall  name  one  commissioner,  and  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  their  Senate,  shall  ap- 
point another,  and  the  said  two  commissioners  shall  agree  on  t)ie 
choice  of  a  third,  or  if  they  cannot  agree  so,  they  shall  each  propose 
one  person,  and  of  the  two  names  so  proposed,  one  shall  be  drawn  by 
lot  in  the  presence  of  the  two  original  commissioners;  and  the  person 
whose  name  shall  be  so  drawn,  shall  he  the  third  commissioner:  and 
the  three  commissioners  so  appointed,  shall  be  sworn  imparlially  to 
examine  and  decide  the  claims  in  question,  according  to  the  merits  of  the 
several  cases,  and  to  justice,  equity,  and  the  laws  of  nations.  The  said 
commissioners  shall  meet  and  sit  at  Philadelphia :  and  in  the  case  of 
the  death,  sickness,  or  necessary  absence  of  any  such  commissioner, 
his  place  shall  be  supplied  in  the  same  manner  as  he  was  first  appoint- 
ed, and  the  new  commissioner  shall  take  the  same  ouths,  and  do  the 
same  duties.  They  shall  receive  all  complaints  and  applications  au- 
thorized by  this  article,  during  eighteen  months  from  the  day  on 
which  they  shall  assemble.  They  shall  have  power  to  examine  all 
such  persons  as  come  before  them,  on  oath  or  affirmation,  touching 
the  complaints  in  question,  and  also  to  receive  in  evidence  all  written 
testimony,  authenticated  in  such  manner  as  they  shall  think  proper  to 
require  or  admit.  The  award  of  the  said  commissioners,  or  any  two 
of  them,  shall  he  final  and  conclusive,  both  as  to  tlie  justice  of  the 
claim  and  the  amount  of  the  sum  to  be  paid  to  the  claimants  ;  and  his 
Catholic  Majesty  undertakes  to  cause  tlie  same  to  be  paid  in  specie, 
without  deduction,  at  such  times  and  places,  and  under  such  condi- 
tions, as  shall  he  awarded  by  tlje  said  commissioners, 

"Art.  22.  And,  in  consequence  of  the  stipulations  contained  in  the 
fourth  article,  his  Catholic  Majesty  will  permit  the  citizens  of  the  Unit- 
ed States,  for  the  space  of  three  years  from  this  tiujc,  to  dc]>usitc  their 


VOL.    I. 


33 


258 


TREATY    OF     '95    WITH    SPAIN. 


condition  that  if  the  same  right  was  not  renewed,  another 
place  of  deposite  should  be  granted.  The  principle,  that  the 
flag  covered  the  merchandise  vas  also  recognised,  and  con- 
trabands were  remarkably  curtailed.  The  firmness  and  per- 
severance of  the  government  in  refusing  to  conclude  a  treaty 
without  a  recognition  of  the  limits  and  navigation,  were  well 
rewarded  in  the  end.  While  the  mouth  of  the  Mississippi 
remained  closed,  the  fertile  territories  of  the  western  witters 
were  substantially  withheld  from  all  the  benefits  of  a  mar- 
ket, the  population  checked,  the  price  of  land  kept  down, 
and  the  people  themselves,  were  not  only  in  some  degree 
beyond  the  just  control  and  influence  of  the  national  govern- 
ment, but  it  could  not  be  expected,  they  should  feel  the 
same  degree  of  attachment  to  the  union  as  the  inhabitants  of 
the  Atlantic  states,  who  were  enjoying  all  possible  prosperity 
under  the  protection  of  its  laws. 

Every  step  of  the  negotiations  with  Spain  has  been  mark- 
ed by  delays  and  difficulties.  It  was  fifteen  years  before 
that  country  would  consent  to  consign  in  a  treaty  the  legiti- 
mate limits  of  the  United  States,  and  yet,  the  only  boundary, 
that  could  reasonably  give  rise  to  controversy,  the  southern 
boundary  of  Georgia,  (for  Great  Britain  ceded  in  '83  the 
Floridas  to  Spain  without  any  specific  limits,  and  to  the 
United  States  her  own  claims  to  all  territory  north  of  the 
3 1st  degree  of  north  latitude,)  was  a  very  slight  obstacle  to 
the  termination  of  the  negotiation.  After  all,  this  boundary 
was  not  drawn,  nor  the  Spanish  troops  withdrawn  till  '98, 
three  years  after  the  signature  and  ratification  of  the  treaty 
of  San  Lorenzo  el  Real.  Unut.  the  provisions  of  the  3d 
article,  Mr.  Andrew   Ellicot   was    appointed,   on   the  part 

merchandises  and  effects  in  the  port  of  New  Orleans,  and  to  export 
them  from  thence  without  paying  any  other  duty  than  p.  fair  price  for 
the  hire  of  the  stores ;  and  his  Majesty  promises  cither  to  continue  this 
permission,  if  he  finds,  during  tliat  time,  that  it  is  not  prejudicial  to 
the  interests  of  Spain  ;  or  if  he  shouhl  not  agree  to  continue  it  there, 
he  will  assign  to  them,  on  another  part  of  the  banks  of  the  Mississip- 
pi, an  etjuivalent  establishment."  This  treaty  was  signed  the  27th 
day  of  October  1795. 


TREATY    OF    '96   WITH   SPAIN. 


359 


another 
that  the 
id  con- 
nd  per- 
a  treaty 
5  re  well 
3Sissippi 
1  welters 

a  mar- 
t  down, 

degree 
govern- 
eel  the 
itants  of 
osperity 

n  mark- 
i  before 
le  legiti- 
)undary, 
southern 

'83  the 
1  to  the 
of  the 
stacle  to 
oundary 

ill  '98, 
treaty 

the  3d 

le  part 

export 
price  for 
liiuie  this 
dicinl  to 
it  there, 
ississip- 
thc  27th 


of  the  United  States,  commissioner  to  run  the  southern 
boundary;  he  repaired  to  Natchez  as  soon  as  possible  af- 
ter the  ratification.  But  the  country  was  not  evacuated, 
as  we  have  said,  for  three  years,  though  by  tbe  2d  article, 
all  troops,  garrisons,  and  settlements,  were  to  be  removed 
within  the  space  of  six  months  after  that  formal  act.  An 
equal  delay  took  place  in  the  running  of  the  boundary 
line.  This  tardy  execution  of  the  treaty  was  justified  under 
various  pretences.  The  Spaniards  having  been  at  some  ex- 
pense in  erecting  new  or  repairing  old  fortifications,  and  it 
not  being  stipulated  whether  they  should  be  demolished,  or 
left  standing,  refused  to  deliver  them  in  their  actual  state. 
But,  it  is  a  new  idea  in  diplomacy,  that  to  withdraw,  means 
to  demolish.  When  it  is  the  intention  of  the  parties  that 
works  should  be  destroyed  or  paid  for,  it  is  always  so  stipu- 
lated.  When  a  country  is  ceded,  it  is  ceded  in  statu  quo, 
unless  otherwise  agreed.  In  this  case,  the  Spanish  troops 
were  to  evacuate,  and  were  allowed  to  take  their  ''  goods 
and  effects"  with  th:^ni.  The  same  expressi'^rj,  as  to  with- 
drawing, occurs  in  the  treaty  between  the  United  States  and 
Great  Britain  ; — the  troops  were  withdrawn  and  the  works 
left  standing.  In  the  same  year  ('83),  Great  Britain  ceded 
the  Floridas  to  Spain,  and  her  troops  evacuated  the  territory 
without  demolishing  the  fortifications.  No  maxim  in  pub- 
lic law  is  of  higher  and  more  general  authority,  than  that 
"  it  is  not  allowable  to  interpret  what  has  no  need  of  inter- 
pretation." The  American  government  subsequently  con- 
sented that  the  fortifications  should  be  demolished.  The 
Spaniards,  also,  refused  to  evacuate  the  Walnut  Hills,  a 
principal  post  on  the  eastern  bank  of  the  Mississippi,  near 
the  confluence  of  the  Ya:70o  and  that  river,  a  degree  and  a 
half  to  the  northward  of  the  boundary  line.  They  alleged, 
it  was  necessary  to  retain  this  post  in  order  to  protect  Upper 
Louisiana  against  an  English  expedition  from  Canada  ;  Spain 
having  declared  war  against  England  in  October  '96.  This 
expedition  could  not  proceed  without  violating  the  territory 
of  the  United  States,  and  every  possible  assurance  was  fur- 
nished, that  no  such  enterprize  had  ever  been  contemplated. 
Even  if  this  pretence  was  well  ioundccl,  the  Spaniards  obvi- 


2G0 


TREATY    OF   '96   WITH   SPAIN. 


ously  had  no  right  to  retain  territory  or  fortifications  formerly 
ceded.  The  other  pretexts  were  equally  frivolous,  and  des- 
titute of  defence.  We  refer  the  reader,  for  the  details  of 
the  transaction,  to  Mr.  Ellicot's  Journal,  published  in  1803. 
'  A  short  time  after  this  difficulty  was  overcome,  and  a  de- 
tachment of  American  troops  put  peaceably  in  possession  of 
the  country,  an  alarming  and  distressing  event  took  place  at 
New  Orleans.  From  the  time  of  the  ratification  of  the 
treaty,  not  only  the  navigation  of  the  Mississippi  had  been 
fully  enjoyed,  but  the  right  of  deposite,  under  the  2 2d  arti- 
cle, had  been  constantly  used,  and  found  highly  beneficial. 
Spain  was  allowed,  under  the  provisions  of  the  treaty,  to 
suspend  this  right  at  the  expiration  of  three  years,  at  the  par- 
ticular spot  of  New  Orleans.  But  that  period  having  pass- 
ed, nay,  the  seventh  year  of  the  privilege  being  entered 
upon,  no  suggestion  having  been  given,  that  it  was  prejudi- 
cial to  the  interest  of  Spain,  on  the  contrary,  the  parties  ap- 
pearing to  derive  great  advantages  from  it,  theie  was  no 
cause  to  apprehend,  that  the  right  would  be  revoked.  The 
act  of  the  intendant  Morales,  suspending  the  right  of  deposite, 
promulgated  the  2d  Oct.  1802,  excited,  therefore,  as  much 
surprise,  as  alarm  and  indignation.  We  shall  insert  the  de- 
cree issued  on  this  occasion  ;  and  it  is  necessary  to  remark, 
that  these  difficulties,  though  the  act  of  the  intendant  was 
disowned  by  the  Spanish  government,  were  not  entirely  re- 
moved till  the  final  transfer  of  Louisiana  to  the  United 
States :     ■  '^  '"  '  '  -       -   -  .n'ni^t^u, 

"  As  long  as  it  was  necessary  to  tolerate  the  commerce  of  neu- 
trals, which  is  now  abolished,  it  would  have  been  prejudicial  to 
the  province,  had  the  intendant,  in  compliance  with  his  duty,  pre- 
vented the  deposite  in  this  city  of  the  property  of  the  Americans, 
granted  to  them  by  the  22d  article  of  the  treaty  of  friendship,  lim- 
its and  navigation  of  the  27th  October  1795,  during  (he  limited 
term  of  three  years.  When  the  publication  of  the  ratification  of 
the  treaty  of  Amiens,*  and  the  reestablishment  of  the  communica- 

*  It  is  evident,  that  tlie  pacification  in  Europe  induced  the  intend- 
ant to  revolce  the  deposite,  in  order  that  the  trade  might  fall  into  the 
hands  of  the  Spaniards  ;  for,  while  the  war  continued,  they  could  not 
conduct  it. 


TREATY     or    '95    WITH    SPAIN. 


261 


)rroerly 
nd  des- 
3taUs  of 
1  1803. 
id  a  de- 
ssion  of 
place  at 
of  the 
id  been 
2d  arti- 
neiicial. 
eaty,  to 
the  par- 
ng  pass- 
entered 
prejudi- 
tties  ap- 
\vas  no 
1.     The 
leposite, 
as  much 
the  de- 
remark, 
lant  was 
irely  re- 
United 

of  neu- 

icial  to 

uty,  pre- 

nericans, 

lip,  litn- 

limited 
cation  of 

munica- 

e  intend- 
into  the 
:ouId  not 


tion  between  the  English  and  Spanish  subjects  took  place,  that  in- 
convenience has  ceased.  Considering  that  the  22d  article  of  the 
said  treaty  takes  from  me  the  power  of  continuing  the  toleration, 
which,  necessity  required,  since,  after  the  fulfilment  of  the  said 
term,  this  ministry  can  no  longer  consent  to  it,  without  an  express 
order  of  the  king  :  Therefore,  nnd  without  prejudice  to  the  expor- 
tation of  what  has  been  admitted  in  proper  time,  I  order,  that  from 
this  date,  the  privilege,  which  the  Americans  had,  of  importing 
and  depositing  their  merchandise  and  effects  in  this  capital,  shall 
be  interdicted.'" 

Under  the  head  of  France,  we  have  given  an  account  of 
the  transfer  of  Louisiana  to  this  country.  That  subject  does 
not  belong  at  all  to  this  part  of  our  history  ;  as  Louisiana,  at 
the  time  of  the  cession,  was  the  property  and  in  the  posses- 
sion of  B'rance.  Spain,  however,  was  exceedingly  opposed 
to  this  arrangement,  and  showed  great  reluctance  to  evacuate 
the  territory.  In  the  outset,  a  formal  protest  was  made  by 
that  court  against  the  transfer  ;  but  she  was  induced  in  the 
end  to  withdraw  it,  and  to  give  her  consent  to  the  conven- 
tion of  April  1803,  between  France  and  the  United  States.* 
We  are  not  acquainted  with  the  secret  history  of  the  treaty 
of  St.  Ildefonso,   by   which    Louisiana  was  "  retroceded  to 

*  The  ground  of  the  opposition  of  Spain  to  the  transfer  of  Louisia- 
na, separate  from  any  secret  ;irticle&  that  may  have  existed  in  the 
treaty,  undoubtedly  was,  that  France  had  not  fulfilled  on  her  part  the 
conditions,  in  consideration  of  which  the  retrocession  was  made.  It  is 
notour  purpose  to  enter  into  the  intricacies  of  the  negotiations  of  that 
period.  It  is  sufiicient  to  remark,  tiiat  the  secret  treaty  of  St.  Ildefon- 
so of  1800,  the  treaty  of  Luneville  of  1801,  and  of  Madrid  of  the  same 
year,  created  the  modern  kingdom  of  Etruria,  for  the  benefit  of  the 
prince  of  Parma,  who  had  married  a  daughter  of  Charles  IV.  of  Spain, 
and  who,  according  to  the  Spanish  order,  was  the  eventual  successor 
to  that  throne.  In  consideration  of  this  creation,  Louisiana,  the  duchy 
of  Parma  and  Placentia  were  transferred  to  France  ;  and  it  is  supposed, 
that  the  prince  of  Parma,  become  of  Ftruria,  signed,  soon  after,  a  re- 
nunciation of  the  Spanisli  throne.  In  1807,  by  the  convention  of  Fon- 
tainbleau,  Etruria  was  ceded  to  Napoleon  Bonaparte,  and  tlie  reign- 
ing family  transferred  to  a  government,  styled  Northern  Lusitania, 
made  out  of  the  Portuguese  provinces  of  Eutre  Duero  y  Minho. 


Ai 


262 


TREATY     OF    '95     WITH     SPAIN. 


France."     The  third  article  is  the   only  one  that  is  known, 
and  that  has  heen  already  quoted.     But  it  has  usually  heen 
said,  that  to  the  transfer  was  annexed  a  condition,  either  that 
France  should  not  cede  Louisiana  to  any  other  power,  or  if 
she   should   hereafter  wish   to   alienate   it,   the   preference 
should  be  given  to  Spain.     There  is  little  doubt,  that  there 
was  some  secret  stipulation  or  other  of  that   kind  ;  for  the 
very  news  of  the  transfer  to  the  United   States,  awakened 
not  only  surprise,  but  even  indignation  in  Spain.      It  is  well 
known,  that  the  Spanish  government,  at  first,  refused  to  ac- 
knowledge the  validity  of  it  ;  and  did  not,   as  it  was,  yield 
the  whole  province,  without  an  angry  and  protracted  discus- 
sion, which  had  nearly  involved  the  two  countries  in  a  war. 
Indeed,  taken  in  connexion  with  the  suspension  of  the  depo- 
site  at  New  Orleans,  and  the  depredations  on  our  commerce, 
a  committee  of  the  House  of  Representatives   of  Congress 
reported,  in  January  1806,   that  there  was  ample  cause  for 
a  formal  declaration  of  war  against  Spain. 
-■  The  difficulties  this  country  has  had  with  Spain,  respect- 
ing  boundaries  and   territories,    were,  indeed,  remarkable. 
We  may  attribute    the   circumstance  in   some  degree  to  the 
ignorance  generally  existing  respecting  the   countries  in  de- 
scription ;  they  had  never  been  surveyed,  and  in  the  treaties 
with  France,   Spain  and    England,   by  which  they  had  often 
changed  owners,  their  limits  were  never  accurately  defined. 
In  particular,  the  article  of  cession  of  Louisiana   by  France 
to  this  country,  was  most  likely  to  lead  to  doubt  and  contro- 
versy, for  the  language  was  of  an  unusual  description  to  em- 
ploy in  describing  the  bounds  of  a  territory.      The  discussion 
respecting  the  portion  of  West  Florida  to   the  westward  of 
the    Perdido,   began   between   the   two  governments  at  the 
time  of  the  cession  of  Louisiana,  in  1803,  and  was  not  con- 
cluded till  1810,  when,  the  Bourbon  family  in  Spain  having 
been   dethroned,   the  United    States  thought    it  imprudent 
longer  to    delay  enforcing   their   right.      Possession  was  ac- 
cordingly taken  of  that  territory  by  Governor  Claiborne  in 
that  year,  by  order  of  the  President. 

The  negotiation,   concerning  the  eastern  as  well  as  west- 


TREATY  OF  '95  WITH  SPAIN. 


263 


ern  boundaries  of  Louisiana,  was  not  only  tedious  and  vexa- 
tious, but  exceedingly  inf»-!  te.  Of  the  western  limits,  we 
shall  speak  hereafter  ;  at  present,  we  shall  give  a  brief  ac- 
count of  the  eastern.  The  boundary  of  Louisiana,  when  in 
the  hands  of  the  French,  before  the  treaty  of  1763,  extend- 
ed on  the  east  to  the  river  Perdido.  The  country  farther 
to  the  east  of  that,  part  of  which  has  since  been  called  West 
Florida,  was  then  known  by  the  general  name  of  Florida. 
The  celebrated  treaty  of  peace  and  friendship  between  Eng- 
land, France  and  Spain,  signed  at  Paris  in  the  year  just  men- 
tioned, changed  the  ownership  of  this  territory.  That  trea- 
ty extinguished,  apparently  forever,  the  dominion  of  France 
in  North  America,  for  what  she  did  not  cede  to  Great  Bri- 
tain, she  ceded  to  Spain,  though  in  strict  accuracy,  western 
Louisiana,  with  the  island  of  New  Orleans,  was  transferred 
to  Spain  by  a  secret  convention,  signed  at  Paris  in  Novem- 
ber '62,  the  day  the  preliminaries  of  the  definitive  treaty 
were  signed.  This  was  done  by  France  to  remunerate 
Spain  for  parting  with  Florida  to  England.  The  treaty  of 
'63  made  Great  Britain  mistress  of  all  the  North  American 
continent  to  the  east  of  tlie  Mississippi,  with  the  exception 
of  the  island  of  New  Orleans.  It  is,  also,  important  to  bear 
in  mind,  that  it  changed  the  boundaries,  as  well  as  the  own- 
ership of  Louisiana,  se^)arating  the  eastern  portion  from  the 
great  mass,  and  transferring  it  to  England.  That  govern- 
ment immediately  united  that  portion  of  Louisiana  with  Flo- 
rida, formed  two  territories,  separated  by  the  river  Apala- 
chicola,  and  called  them  East  and  West  Florida.  The  cir- 
cumstance of  this  transfer,  and  the  separation  of  the  territory 
into  two  districts  (for  before  the  treaty  of 'G3,  neither  Eaot 
nor  West  Florida  was  known  in  geography),  became  the  ori- 
gin of  the  controvers,^  betw^een  Spain  and  the  United  States, 
respecting  the  boui-Jaries  of  Louisiana.  The  opposition  of 
Spain  was  influenced  by  her  unwillingness  to  abandon  Lou- 
isiana, and  by  irritation  at  the  President's  proclamation  of 
November  ISOl,  erecting  the  territories  and  the  waters  of 
the  Mobile  into  a  collection  district,  declaring  thern  to  be 
within  the  boundaries  of  the  United  States,  and  establishing 


264 


TREATY    OF    '95    WITH    SPAIN. 


a  custom  house  there. — We  have  said,*  in  another  place, 
that  the  transfer  of  Louisiana  to  the  United  States,  was  made 
in  1803.  It  was  described  in  the  manner  following  ;  the 
words,  we  are  under  the  necessity  of  repeating  here,  though 
quoted  under  the  head  of  France,  title  Louisiana,  are  taken 
from  the  secret  treaty  of  St.  Ildefonso,  of  1800.  "  His  Ca- 
tholic Majesty  promises  and  engages  on  his  part  to  rerocede 
to  the  French  republic,  the  colony  or  province  of  Louisiana, 
with  the  same  extent  it  now  has  in  the  hands  ofSpain^  and 
that  it  had,  when  France  possessed  it,  and  such  aait  should  6e, 
after  the  treaties  subsequently  entered  into  between  Spain  and 
other  states^  This  language  is  apparently  ambiguous,  and 
can  only  be  understood  by  attending  carefully  to  the  history 
of  the  various  cessions.  As  a  justification  for  withholding 
the  country  between  the  Iberville  and  the  lakes  and  the  Per- 
dido,  Spain  contended  that  France  could  only  convey  to  the 
United  States  the  rights  she  had  acquired  from  Spain,  and 
by  the  treaty  of  1800  Spain  retroceded  to  France  what  she 
(Spain)  had  received  from  France  in  '62,  that  is  to  say,  a 
territory  bounded  on  the  east  by  the  rivers  Mississippi  and 
Iberville,  and  the  lakes  Maurepas  and  Pontchartrain.  But 
of  the  territory  eastward  of  this  line,  called  afterwards 
by  the  English  West  Florida,  and  ceded  the  same  day  by 
France  to  England,  Spain  never  received  the  least  portion. 
She  never  owned  a  square  mile  of  this  territory,  either 
before  or  after  the  treaty  of  '63.  Spain  could,  therefore, 
never  give  back  or  retrocede  to  France,  a  district,  she  had 
never  owned.  This  word,  retrocede,  was  interpreted  by 
the  Spanish  minister  with  strictness.  The  treaty,  itself, 
being  called  a  treaty  of  retrocession,  the  whole  movement 
and  action  of  the  instrument  depended  on  that  word  ;  and  it 
would  be  no  compliment  to  the  parties  to  that  act  to  attri- 
bute to  them  the  use  of  a  vague,  unmeaning  term.  The 
treaty  of  1800  must,  therefore,  be  considered  entirely  in 
reference  to  the  word,  retrocession.      Spain,   said  D.  Pedro 

*■  Chapter  ix.     Cession  of  Louisiana.  ^     . 


f 


TREATY    OP   '95    WITH    SPAIN. 


265 


Cevallos,^  possesses  Florida  as  Florida.  She  received  that 
district  from  England  in  '83.  "  His  Britannic  majesty  cedes 
and  guaranties  to  his  Catholic  Majesty,  eastern  and  western 
Florida."  (art.  5th.)  When  France  *^ possessed"  it,  there- 
fore, and  when  she  delivered  it  to  Spain,  it  had  the  same 
extent  as  when  in  the  "  hands  of  Spain"  at  the  time  of  the 
"  retrocession."  France  made  a  complete  cession  to  Eng- 
land. The  territory,  after  '63,  was  in  all  respects  English, 
but  after  '83  it  became  equally  Spanish.  These  two  acts 
are,  in  themselves,  entirely  distinct,  and  have  no  reference 
to  any  former  boundaries  of  Louisiana.  A  new  territory 
was  erected  in  the  hands  of  a  new  government,  and  called 
Florida.  From  that  period  we  lose  sight  of  the  original 
eastern  boundary  of  Louisiana.  Two  territories  cannot  be 
made  to  mean  the  same  territory,  nor  can  they  be  legally 
incorporated  in  the  same  instrument  by  the  same  name  that 
are  acquired  at  different  times,  by  different  names,  and  from 
different  parties,  unless  a  special  reference  is  made  to  these 
circumstances.  Spain  received  Louisiana  from  France  in 
'63,  and  Florida  from  England  in  '83.  The  title  of  Spain 
to  Florida  is  entirely  independent  of  France.  Another  very 
great  difficulty,  in  the  opinion  of  Spain,  presented  itself  in 
this  view.  Since  '63,  all  the  country  south  of  the  32d 
degree  of  latitude  and  east  of  the  Iberville,  has  been  called 
Florida.  But  before  the  treaty  of  that  year,  the  limits  of 
the  French  possessions  extended  on  the  north  from  the  Mis- 
sissippi to  the  Ohio  and  Illinois  rivers.  It  is,  therefore, 
quite  as  correct  to  call  that  country  about  those  rivers  Lou- 
isiana, as  it  is  the  country  about  the  Mobile.  The  style  of 
East  and  West  Florida  has  been  recognised  in  a  variety  of 
public  documents,  more  especially  the  treaties  between  Spain 
and  England  in  '83,  and  Spain  and  the  United  States  in  '95. 
Part  of  the  title  of  the  governor  of  the  Havana  is,  captain- 
general  of  "  the  Floridas.^^     That  country  is  also  called,  on 


*  This  is  the  same  minis^lor,  that  aecoinpanied  Ferdinand   VII.  to 
Bayonne  in  1808.     Seo  Expoacs  of  D.  Juan  Escoiqiiiz  and  D.  Tcdro 

Ccvallos.  .      • .' 

VOL.   1.  34 


!36G 


TREATY    OF    '95   WITH   SPAIN. 


the  maps,  East  and  West  Florida.     It  is  therefore  evident 
that  this  appellation,  West  Florida,   was  known,  not  only  in 
diplomacy,  but  also  in  geography,  and  that  when  it  was  men- 
tioned   in    any   oinciul   public    instruments,  either    treaties, 
comniise'iotis,  or  pioclamations,   it  was  always  denominated 
West  Florida,  and  not  Louisiana,  or  any  portion  of  Louisiana. 
If,  therefore,  in  the  treaty  of  1800,  it   had  been  the  inten- 
tion of  the  parties  to  include  this  district,  it  would  have  been 
specifically  named.     No   uncertainty  need  to  have  existed, 
because  the  boundaries  were  perfectly  run,  and   the  name 
every  where  known.     If  it  had  been  the  intention  of  the 
parties  to  include  West  Florida,  they  would   have   used  the 
words  West  Florida,  and  not  employed  a  phrase  so  exceed- 
ingly  vague   and  ambiguous.     If  the    United    States   were 
about  to   cede  the  state  of  Ohio,  or  Illinois,  which   at  one 
time  belonged  to  France,  and  then  to  England,  and  was  then 
known   by  different  names,   she  would   not  have  gone  back 
to  the  times,  when  France  or  England   owned  the  country. 
She  would  simply  have  described  the  cession  under  the  ap- 
pellation of  the  state  of  Ohio,  or  Illinois.     The  simplest  and 
most  intelligible  language  is  always  employed  on  such  occa- 
sions.     It  would  have  been  absurd  to  have  called  it  Louisia- 
na, because  it   had  once   formed  a  part  of  that  province. — 
With  the  same  propriety  we  might  call  Ohio,  Louisiana.     It 
is,  also,  absurd  to  deliver  the  territory  with   the  same   and 
yet  more  extent, — same  extent  as  when  France  possessed  it 
in  '63,  and  same  extent  that  it  noio  has  in  the  hands   of 
Spain, — if  more,  obviously,  it  is  not  the  same.     The  phrase, 
"2i;Aen  France  possessed  it"  not  indicating  a  fixed  time,  for 
Fraii?;e   possessed  it  under  two   very   different   conditions, 
should  be  determined  by  the  clauses  of  the  treaty  ;  and  not 
be  so  interpreted  as  to  make  those  clauses  inconsistent.     If 
that  expression  refers  to  a  period  anterior  to  '63,  it  is  quite 
evident,  Spain  could  not  comply  with  the  provisions  of  the 
treaty,  for  a  large  part   of  Louisiana,   as   it  was  before   the 
cession  to  England  in  '63,,  is  now  Kentucky,  and  other  por- 
tions of  the  United    States.      It  is  not    to  be  supposed,  that 
the  parties,  having   a  full  knowledge   of  the  subject,  should 


TREATY    or   '96   WITH   SPAIN. 


2C7 


have  made  a  treaty,  the  provisions  of  which  are  at  variance, 
and  which  one  of  the  governments  could  not  execute.  It 
is  certainly  much  more  reasonable  to  construe  the  treaty  in 
such  a  manner,  as  that  one  of  the  parties  should  have  been 
able  to  comply  with  its  provisions,  and  make  the  cession 
proposed.  This  interpretation  Spain,  one  of  the  parties, 
puts  on  the  treaty  ; — the  other  party,  France,  confirms  this 
interpretation.  In  August  1804,  the  minister  of  foreign 
relations,  M.  dc  Talleyrand,  delivered  the  following  opinion 
on  the  subject  : 

"  The  eastern  limils  of  Louisiana  are  indicated  by  the  course  of 
the  Mississippi  and  the  Iberville,  the  lakes  Pontchartrain,  and  the 
Maurepns.  It  is  at  this  line,  that  terminates  the  territory  ceded 
by  Spain  to  France.  France  liad  nothing  to  demand  of  Spain  be- 
yond this  limit,  and  as  she  has  now  transferred  to  the  United  States 
(he  right  she  thus  acquired,  they  cannot  require  of  Spain  a  cession 
of  territory  more  extensive." 

On  the  last  clause  of  the  cession,  ^<  such  as  it  should  be 
after  the  treaties  subsequently  entered  into  between  Spain  and 
other  states" the  Spanish  government  contended,  that  there 
were  but  two  treaties  to  which  this  language  could  apply  ; 
that  of  '83  between  Spain  and  England,  and  of  '95  between 
Spain  and  the  United  States.  The  treaty  of  '83  gave  his 
Catholic  Majesty  the  territory  of  West  Florida.  This  ter- 
ritory, acquired  by  a  different  name,  twenty  years  after  the 
original  cession  of  Louisiana,  could,  by  no  process  whatever, 
be  incorporated  with  the  latter  named  province.  It  was  an 
addition,  generally,  to  the  possessions  of  Spain,  but  it  could 
never  be  considered  a  special  one  to  the  province  of  Louisia- 
na. If  the  United  States  should  cede  Ohio  to  Spain,  it 
would  be  an  extravagant  liberality  of  construction,  to  call  it 
immediately  part  again  of  its  original  province.  Louisiana 
itself  was  dismembered,  it  had  been  withdrawn  from  the 
government  of  its  original  proprietor,  different  portions  of  it 
had  belonged  to  different  states  for  a  long  period  of  time, 
had  acquired  new  names,  and  had  boundaries  exactly  defin- 
ed.    It  is  certainly  the  first   example   of  the   kind,  that  the 


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Corporation 


33  WIST  MAIN  STRIET 

WEBSTER,  N.Y.  14SS0 

(716)872-4503 


^^A. 
^   ^ 

V 


268 


TREATY    OF   '95    WITH    SPAIN. 


simple  act  of  a  fresh  cession  should  cause  all  these  names 
and  boundaries  to  disappear.  The  party,  acquiring  the  pos- 
sessions, may  cause  them  to  disappear,  and  incorporate  the 
whole  again  into  one  territory.  But  Spain  could  not  recog- 
nise aright  of  this  description  in  a  party  to  a  second  con- 
tract, in  direct  opposition  to  the  opinion  of  the  parties  to  the 
first  original  instrument,  and  to  her  very  great  cost  and 
serious  damage,  where  not  a  single  direct  stipulation  could 
be  produced  to  authorize  a  proceeding  so  violent.  The  treaty 
of  '95,  between  Spain  and  the  United  States,  principally 
related  to  the  boundaries  of  Louisiana  and  Florida.  So  far, 
therefore,  as  it  has  any  bearing  on  the  subject,  it  excludes 
West  Florida  from  the  reach  of  the  treaty  of  St.  Ildefonso. 
The  reader  will  observe,  that  the  entire  success  of  the  rea- 
soning, by  which  Spain  supported  her  pretensions  to  this  ter- 
ritory, depends  upon  the  single  point,  what  period  is  indicated 
by  the  possession  of  France.  That  is,  after  all,  the  clause  in 
the  cession,  that  ought  to  determine  the  boundaries.  The 
American  government  contended,  that  this  period  was  one  an- 
terior to  the  year  '63,  for  France  divested  herself  of  both  por- 
tions of  Louisiana  on  the  same  day.  The  east  she  ceded  to 
England,  and  the  west  to  Spain.  When  France,  therefore, 
possessed  Louisiana,  it  was  an  entire  province.  She  never 
possessed  it  as  Spain  has  since  done.  France  could  not  cede 
an  exact  boundary  to  the  United  States,  because  that  had 
not  been  agreed  on  in  the  treaty  of  St.  Ildefonso.  The 
treaties  of  '63,  and  '83,  and  '95,  had  changed  exceedingly 
the  limits  of  Louisiana  ;  and  the  only  legitimate  mode  of 
making  an  undisputed  cession,  was  not  to  include,  or  exclude 
any  territory  specifically.  In  the  transfer  to  America,  the 
original  article  of  the  treaty  of  St.  Ildefonso  is  employed  ; 
and,  though  that  treaty  is  called  a  treaty  of  retrocession,  the 
word  is  of  no  other  importance,  than  as  it  expressed  the  act 
of  the  treaty  better  than  any  other  term  could  do.  Besides, 
France  once  possessed  Louisiana,  and  a  cession  to  her  by 
any  power  of  that  territory  would  be  a  retrocession.  The 
single  general  action  of  this  instrument  concerns  that  prov- 
ince.    France  was  the  first  European  state  that  owned  it, 


names 
le  pqs- 
ite  the 

recog- 
id  con- 
I  to  the 
>st  and 
n  could 
e  treaty 
ncipally 

So  far, 
xcludes 
lefonso. 
the  rea- 
this  ter- 
idicated 
iause  in 
;.     The 

one  an- 
oth  por- 
seded  to 
lerefore, 
e  never 
lot  cede 
hat  had 
The 
jedingly 

node   of 

exclude 

rica,  the 
[ployed  ; 

iion.  the 
the  act 
esides, 
by 
The 

|at  prov- 
ned  it, 


TREATY    OF    '95    WITH    SPAIN. 


269 


her 


and  it  once  held  as  much  of  the  province  as  any  other  power 
has  since  held.  Whatever,  therefore,  was  ceded  to  France, 
whether  a  large  or  a  small  portion,  must  have  been  a  retro- 
cession. Still,  this  word  is  of  little  importance,  because 
three  distinct  phrases,  or  specifications,  are  introduced  to 
define  the  extent  of  the  cession.  We  shall  very  briefly  state 
the  substance  of  the  reasoning  on  these  three  points.  1st. 
**  The  colony  or  province  of  Louisiana,  with  the  same  ex- 
tent it  now  has  in  the  hands  of  Spain."  This  is  a  very  easy 
matter  to  determine.  We  have,  simply,  to  enquire  what 
portion  of  Louisiana  was  in  the  hands  of  Spain  when  the 
treaty  of  St.  Ildefonso  was  made.  All  Louisiana,  to  the 
eastward  of  the  Mississippi,  from  the  31st  degree  of  north 
latitude  to  the  northern  limits  of  the  United  States,  had 
been  ceded  by  France  to  Great  Britain, by  the  treaty  of  '63, 
to  which  Spain  was  a  party.  It  is  the  ?th  article,  and  is  in 
these  words  : — -<<  His  most  Christian  Majesty  cedes  and 
guaranties  to  his  Britannic  majesty  the  river  and  port  of 
Mobile,  and  all  the  territory  he  possesses  on  the  left  bank 
of  the  Mississippi,  with  the  exception  of  the  city  and  island 
of  New  Orleans."  (Martens.)  This  same  territory,  to  the 
north  of  the  31st  degree,  was  confirmed,  (art.  2,)  to  the 
United  States,  by  Great  Britain,  by  the  definitive  treaty  of 
peace  and  amity.  Again,  this  territory  was  further  confirm- 
ed to  the  United  States,  by  the  treaty  of  alliance  of  '78, 
(art.  6,)  and  by  the  2d  and  4th  articles  of  the  treaty  of 
friendship,  limits  and  navigation,  of  '95,  between  Spain  and 
the  United  States.  It  is  evident,  therefore,  that  this  speci- 
fication does  not  touch  a  square  mile,  for  not  a  square  mile 
of  it  was  in  the  hands  of  Spain  in  1800.  2d.  "  The  same 
extent  that  it  had  when  France  possessed  it.^^  This  was  in 
the  year  '63,  or  anterior  to  that  period.  That  is  to  say, 
all  France  then  possessed,  and  which  had  not  been  subse- 
quently ceded  to  other  powers,  according  to  the  exception 
of  the  first  specification  ;  otherwise,  this  clause  would  have 
included  all  that  Spain  had  ever  owned,  which  neither 
France  nor  Spain  obviously  could  cede,  for  it  belonged  to  a 
third  power.     A  reference  to  its  state,  anterior  to  '63,  ne- 


270 


TRS&TY  OT    '95    WITH    SPAIIT. 


i  u^i 


cessarily  excluded  all  subsequent  modifications  of  tbe  territo- 
ry,  in  consequence  of  new  names  having  been  given  to  any 
part  of  it ;  for  a  part  of  Louisiana  remained  in  the  hands  of 
Spain,  under  a  new  denomination.  Great  Britain  called 
that  portion,  ceded  by  the  treaty  of  '63,  West  Florida,  and 
Spain  might  have  called  some  part  adjoining  Mexico  by  some 
other  name.  Therefore,  to  avoid  embarrassment  proceeding 
from  a  change  of  names,  a  period  was  taken  when  those 
names  did  not  exist.  It  follows  from  this  second  clause  or 
specification,  that  no  part  of  the  province  then  in  the  hands 
of  Spain,  ever  possessed  by  France,  should  be  excluded. 
8d.  <<  Such  as  it  should  be  after  the  treaties,  subsequently 
entered  into  between  Spain  and  other  States."  The  treaty 
of  '83,  ceded  West  Florida  to  Spain.  This,  therefore,  she 
did  not  acquire  of  France.  But  this  portion  falls  within  the 
first  specification,  because  it  is  now  in  the  hands  of  Spain, 
and  within  the  second  specification,  because  France  once 
possessed  it.  If  Spain,  instead  of  receiving,  had  ceded 
West  Florida,  anterior  to  the  treaty  of  St.  Ildefonso,  this 
third  specification  would  have  expressly  excluded  it.  A 
treaty  that  enlarged  the  extent  of  the  province  could  not  di- 
minish the  extent  of  the  cession.  The  treaty  of  '95  with 
the  United  States  excluded  whatever  was  to  the  north  of 
the  31st  degree  and  to  the  east  of  the  Mississippi.  That 
treaty,  therefore,  brought  nothing  within  the  reach  of  this 
3d  clause. 

As  the  claim  of  the  United  States  to  this  territory,  in  it- 
self of  great  importance,  was  undoubted,  we  have  given  the 
course  of  argument  in  considerable  detail ;  and,  though  Spain 
never  presented  any  satisfactory  answer  or  explanation,  she 
refused  to  deliver  the  country.  The  conduct  of  France,  on 
this  occasion,  was  unfriendly  in  the  extreme.  She  openly 
adopted  and  defended  the  opinions  of  Spain  ;  and  condemned 
the  proceedings  of  the  American  government,  in  an  un- 
reserved and  gratuitous  manner.  We  extract  a  single 
passage  from  a  letter  of  M.  de  Talleyrand,  of  December 
1804  : 

1  «  This  result  his  Imperial  Majesty  will  learn  with  real  interest. 


THIATY    OP    *95    WITH    SPATIT. 


271 


errito- 
to  any 
nds  of 

called 
la,  and 
J  some 
seeding 
[  those 
luse  or 
e  hands 
deluded. 
.quently 
I  treaty 
are,  she 
thin  the 
r  Spain, 
ice  once 
i   ceded 
nso,  this 
1  it.     A 
d  not  di- 
'96  with 

north  of 
That 
of  this 


•V,  in 


it- 
[iven  the 
gh  Spain 
tion,  she 
ance,  on 
5  openly 
tdemned 
an   un- 
a    single 
lecember 

interest. 


He  saw  with  pain  the  United  States  commence  their  differences 
with  Spain  in  an  unusual  manner,  and  conduct  themselves  towards 
the  Floridas  by  acts  of  violence,  which,  not  being  founded  in  right, 
could  have  no  other  effect  but  to  injure  its  lawful  owners.  Such 
an  aggression  gave  the  more  surprise  to  his  majesty,  because  the 
United  States  seemed,  in  this  measure,  to  avail  themselves  of  their 
treaty  with  France,  as  an  authority  for  their  proceeding,  and  be- 
cause he  could  scarcely  reconcile  with  the  just  opinion  which  he 
entertains  of  the  wisdom  and  tidelity  of  the  federal  government,  a 
course  of  proceeding,  which  nothing  can  authorize  towards  a  pow- 
er, which  has  long  occupied,  and  still  occupies,  one  of  the  first 
ranks  in  Europe." 

The  United  States  had,  therefore,  the  whole  influence  and 
authority  of  France  against  her  in  this  business  ;  for,  from 
the  treaty  of  Basle  to  the  year  1808,  Spain  was  the  steady, 
faithful,  and  most  useful  ally  of  that  power.  -'. 

Although  not  entirely  in  course,  we  shall  here  conclude 
the  account  of  the  eastern  boundary  of  Louisiana.      The  ne- 
gotiations on  the  subject   ceased  in    1805  ;   Spain   prepared 
to  defend  the  possession  of  it, — and,  undoubtedly,  an  attempt 
to  occupy  it,  on  the  part  of  the  United   States,  would  have 
led  to  a  war.     The  territory  was  of  great  importance  to  the 
Americans,  particularly  on  account  of  the  waters  of  the  Mo- 
bile, the  principal  rivers  of  Alabama  emptying  themselves  in- 
to this  bay,  which  is  the  natural  outlet  of  an  exceeding  fer- 
tile country  of  great  extent.     Before  the  cession  of  Louisia- 
na, the  United  States  had  attempted  to  buy  the  territory  on 
the  Mobile,  of  Spain.     They  claimed,  also,  for  the  citizens 
residing  on  the  Torobigbee  and  Alabama  rivers,  its  free  na- 
vigation to  the  ocean,  as  a  natural  right,  and  as  secured  by 
the  general  principles  of  the  laws  of  nations  in  similar  cases. 
This  privilege,  however,  was  not  obtained  ;  for  the  Spanish 
authorities  on  the   Mobile  continued  to  levy,  from  time  to 
time,  a  duty  of   12^  per  cent,  on  merchandise  that  passed 
through,  for  or  from  the  upper  country.      We  have   already 
said,  that,  in  1804,  a  collection  district,  under  the  usual  cus- 
tom house  laws,  was  established  on  (he  Mobile.     The  Span- 
iards complained  of  this  act,  as  a  violation  of  their  territory 


272 


TREATY    OF    '95   WITH    SPAIN. 


I  'i 


and  sovereignty.  But  the  American  government  attempted 
to  exercise  no  further  jurisdiction  over  the  territory,  till  the 
year  1810,  when  the  juncture  of  affairs  in  Europe  made  it 
Extremely  imprudent  to  suffer  iheir  right  to  West  Florida  to 
remain  longer  in  suspense. 

In  the  year  1807,  after  the  treaty  of  Tilsit,  the  emperor 
Napoleon  began  the  overthrow  of  the  Bourbon  dynasty  in 
Spain,  by  attacking  Portugal.     The  progress  of  this  business 
is  well  known.     At  last,  in  1810,  Charles  IV.  and  Ferdi- 
nand VII.  being  dethroned,  the  supreme  junta  of  the  Cortes 
driven  to  the  isle  of  Leon  and  dissolved,  and  the   English 
and  Portuguese  armies  appearing  to  be  besieged,  as  it  were, 
in  the  celebrated  lines  of  Torres  Vedras,  nearly  at  the  ex- 
tremity of  the  peninsula  on   the  west,  there  was  every  rea- 
son to  suppose,  that  the  unprincipled  project  of  the  French 
emperor  had  succeeded  ;  and  that  the  ancient  monarchy  of 
Spain  and  the  Indies,  upon  whose   possessions,  in  the  ex- 
pressive language  of  an  author  of  that  country,  the  sun  never 
set,  was  completely  annihilated.     The  Spanish  authorities  in 
West  Florida  were,  by  this  revolution,  and  by  the  treaties 
signed  by  Charles  and  Ferdinand,  released  from  all   obedi- 
ence to  the  former  Spanish  government.      West  Florida,  it- 
self, was  divided  into  two  parties  ;  one,  under  the  influence 
of  governor  Folch,   attached    to   the   mother  country  ;  the 
other,  said  to  be  the   most  numerous,  directed  by  colonel 
Kemper,  was  desirous  of  a  union  with   the  United   States. 
The  latter  portion  of  the  people  held  a  convention  at  Baton 
Rouge,  in  the  summer  of   1810,  and  addressed  a   letter  to 
the  secretary  of  state,  soliciting  to  be  received   under  the 
protection  of  this  country,  and  to  have  the  privileges  en- 
joyed, under  the   constitution,  by  other  citizens  of  the  con- 
federacy.     They  published  a  proclamation  at  the  same  time, 
somewhat  at  variance  with  the  claims  of  the  American  gov- 
ernment on  that  territory.      In  Eur>jpe,  France  in  full  exer- 
cise of  all  the  powers  and  prerogatives  of  the  ancient  Span- 
ish throne,  having  originally  opposed  the  claim  of  the  United 
States  to  West  Florida,  would  undoubtedly  endeavour,  as 
soon  as  possible,  to  get  possession  of  it.     In  this  hemisphere. 


-TREATY    OF   *95    WITH    SPAIN. 


273 


empted 

till  the 

niade  it 

[orida  to 

emperor 
nasty  in 
business 

I  Ferdi- 
3  Cortes 

English 
it  were, 
the  ex- 
rery  rca- 
j  French 
archy  of 
the  ex- 
lun  never 
lorities  in 
s  treaties 

II  obedi- 
orida,  it- 
influence 
try  ;  the 

colonel 
States, 
at  Baton 
letter  to 
nder  the 
eges  en- 
the  con- 
|me  time, 
ican  gov- 
fuU  exer- 
nt  Span- 
e  United 
ivour,  as 
lisphere, 


the  Spanish  colonies,  with  some  exceptions,  were,  them- 
selves, exceedingly  agitated  with  a  spirit  of  revolt,  and  sev- 
eral had  declared  themselves  independent.  A  similar  state 
of  things  appeared  to  exist  in  West  Florida.  The  Ameri- 
can government  had  already  forborne,  for  a  long  time,  to  en- 
ter upon  the  enjoyment  of  its  undoubted  rights,  in  regard  to 
this  territory  ;  but  circumstances  made  it  extremely  danger- 
ous longer  to  rely  upon  the  success  of  this  system.  Orders 
were,  therefore,  sent  to  Wm.  C.  C.  Claiborne,  in  the  au- 
tumn of  1810,  to  take  possession  of  the  country,  in  the 
name  of  the  United  States,  and  to  incorporate  it,  for  the 
time,  with  the  Orleans  territory  ; — measures,  that  were  ef- 
fected without  bloodshed.  The  motives  of  this  step  will  be 
found  in  the  proclamation,  issued  by  the  President  on  that 
occasion,  though  it  is  the  first  time  the  United  States  had 
been  compelled  to  employ  force  to  obtain  possession  of  their 
own  country.  Those  parts  of  the  states  of  Alabama  and 
Mississippi,  that  border  on  the  gulf  of  Mexico,  are  composed 
of  the  ancient  territory  of  West  Florida. 

This  part  of  the  account  of  the  relations  with  Spain  would 
be  quite  imperfect  without  an  examination  of  the  western 
boundary  of  I^ouisiana.  Though  this  was  finally  settled  at  a 
later  period  than  the  one,  now  under  consideration,  it  proper- 
ly belongs  to  the  act,  constituting  in  1803  a  transfer  of  that 
province,  more  especially  as  the  negotiations,  respecting  this 
boundary,  were  originally  carried  on  at  Madrid  in  1804  and 
5  by  Messrs.  Monroe  and  Pinkney,  at  the  same  time  with 
that  relating  to  the  other  frontier.  This  is  not  a  subject  sus- 
ceptible of  much  discussion  ;  for  the  right  of  the  United  States 
depends  upon  a  few  plain  facts,  perfectly  substantiated,  though 
the  topic,  like  every  other  with  the  court  of  Spain,  has  led  to 
a  protracted  and  minute  correspondence. 

The  Sieurs  Joliet  and  Marquette  from  Canada,  penetrated, 
as  early  as  1673,  down  the  Mississippi  to  the  Arkansas. 
Father  Hennequin  in  1G80,  La  Salle  and  Tonti  in  1682, 
descended  to  the  ocean,  and  named  the  country  Louisiana, 
placing  it  by  the  most  solemn  acts  under  the  government  of 
France,  and  by  making  settlements,  and  erecting  works  for 

VOL.   I.  35  . ,  '  * 


274 


TREATY    OF   '95   WITH    SPAIN. 


their  protection.  In  1685,  La  Salle  landed  with  240  per- 
sons in  the  bay  St.  Bernard  from  France,  and  built  two  forts 
there  Louis  XIV.,  by  letters  patent  in  1712,  granted  the 
commerce  of  the  country  to  Anthony  Crozat,  defining  its 
boundaries  as  all  the  land,  coasts  and  islands,  situated  in  the 
Gulf  of  Mexico,  between  Carolina  on  the  east,  and  New  and 
Old  Mexico  on  the  west,  with  all  the  streams  that  empty 
into  the  ocean  within  those  limits,  and  the  interior  country 
dependent  on  the  same.  We  mention  these  few  detached 
facts,  in  an  abridged  form,  to  show  that  France  first  discover- 
ed Louisiana,  and,  according  to  the  whole  European  prac- 
tice, came  into  the  rightful  possession  of  it  : 

**  The  principles,  which  are  applicable  to  the  case,  are  such  as 
are  dictated  by  reason,  and  have  been  adopted  in  practice  by  Eu- 
ropean powers  in  the  discoveries  and  acquisitions,  which  they 
have  respectively  made  in  the  ne*v  world.  They  are  few,  simple, 
intelligible,  and,  at  the  same  time,  founded  in  strict  justice.  The 
first  of  these  is,  that  when  any  European  nation  takes  possession 
of  any  extent  of  sea  coast,  that  possession  is  understood,  as  extend- 
ing into  the  interior  country,  to  the  sources  of  the  rivers,  emptying 
within  that  coast,  to  all  their  branches,  and  the  country  they  cover, 
and  to  give  it  a  right  in  exclusion  of  all  other  nations  to  the  same. 
H  is  evident  that  some  rule  or  principle  muPt  govern  the  rights  of 
European  powers  in  regard  to  each  other  in  all  such  cases,  and 
it  is  certain,  that  none  can  he  adopted  in  those,  to  which  it  applies, 
more  reasonable  or  just  than  the  present  one.  Many  weighty 
considerations  show  the  propriety  of  it.  Nature  seems  to  have 
destined  a  range  of  territory  so  described,  for  the  same  society,  to 
have  connected  its  several  parts  together  by  the  ties  of  a  common 
interest  and  to  have  detached  Iheni  from  others.  If  this  principle 
is  departed  from,  it  must  be,  by  attaching  to  such  discovery  and 
possession,  a  more  enlarged  or  contracted  scope  of  acquisition,  but 
a  slight  attention  to  the  subject  will  demonstrate  the  absurdity  of 
either.  The  latter  would  be  to  restrict  the  rights  of  an  European 
power,  who  discovered  and  took  possession  of  a  new  country,  to  the 
spot  on  which  its  troops  or  settlements  rested,  a  doctrine,  which 
.  has  been  totally  disclaimed  by  all  the  powers,  who  made  discove- 
ries, and  acquired  possessions  in  America.     The  other  extreme 


TREATY    or    '95    WITH    SPAIN. 


275 


0  per- 
'o  forts  ' 
:ed  the 
ing  its 

in  the 
3W  and 

empty 
jountry 
;tached 
scover- 
n  prac- 

such  as 
J  by  Ea- 
ch they 
,  simple, 
D.     The 
}sscssioa 
i  extend- 
!mpt>'ing 
»y  cover, 
be  same, 
rights  of 
\ses,  and 
npplics, 
weighty 
to  have 
ciety,  to 
common 
trinciple 
rery  and 
tion,  but 
rdily  of 
uropean 
^,  to  the 
,  which 
discove- 
extrcme 


wouhl  be  equally  improper,  that  i«,  that  the  nation  who  made  such 
discovery,  should,  in  all  cases,  be  entitled  to  the  whole  of  the  ter- 
ritory 80  discovered.     In  the  case  of  un  island,  whose  extent  was 
seen,  which  might  be  soon  sailed  round,  and  preserved  by  a  few 
forts,  it  may  apply  with  justice,  but  in  that  ofa  continent,  it  would 
be  absolutely  absurd.     The  great  continent  of  America,  North  and 
South,  was  never  claimed  or  hold  by  any  one  European  nation,  nor 
was   either    great    section  of  it.     Their   pretensions  have  been 
always  bounded  by  more  moderate  and  rational  j)rinclplcs.     The 
one  laid  down  has  obtained  general  assent.     This  principle  was 
completely  established  in   the   controversy   which  produced  the 
war  of  1755.     Great  Britain  contended  that  she  had  a  right,  found- 
ed on  the  discovery  and  possession  of  such  territory,  to  deiine  its 
boundaries  by  given  latitudes  in  grants  to  individuals,  retaining  the 
sovereignty  to  herself,  from  sea  to  sea.     This  pretension,  on  her 
part,  was  opposed  by  France  and  Spain,  and  it  was  finally  aban- 
doned by  Great  Britain  in  the  treaty  of  17G3,  which  established 
the  Mississippi  as  the  western  boundary  of  her  possessions.     The 
second  is,  that  whenever  one  European  nation  makes  a  discovery 
and  takes  possession  of  any  portion  of  that  continent,  and  another 
afterwards  does   the  same  at  some  distance   from  it,  where  the 
boundary  between  them  is  not  determined  by  the  principle  above 
mentioned,  the  middle  distance  becomes  such  of  course.     A  third 
rule  is,  that  whenever  any  European  nation   has  thus  acquired  a 
right  to  any  portion   of  territory  on  that  continent,  that  right  can 
never  be  diminished  or  alTectcd  by  any  other  power,  by  virtue  of 
purchases  made  by  grants  or  conquests  of  the  natives  within  the 
limits  thereof.     It  is  believed  that  this  principle  has  been  admitted 
and  acted  on  invariably  since  the  discovery  of  America,  in  ""  ;;*ect 
to  their  possessions  there  by  all  the  European  powers.     It  ii  par- 
ticularly illustrated  by  the  stipulations  of  their    most    important 
treaties  concerning  those  possessions,  and  the  practice  under  them^ 
viz.:  the  treaty  of  Utrecht  in  1713,  and   that  of  Paris,  1763.     la 
conformity  with  the  lOlh  article  of  the  first  mentioned  treaty,  the 
boundary  between  Canada  and  Louisiana  on  the  one  side,  and  the 
Hudson  Bay   and   North   Western   companies  on  the  other,  was 
established  by  commissaries  by  a  line  to  commence  at  a  cape  or 
promontory  on  the  ocean  in  fifty-eight  degrees,  thirty  minutes  north 
latitude,  to  run  thence  southwestwardly  to  latitude  forty-nine  de- 


276 


TREATY    OF    '95   WITH    SPAIN. 


mm 


grees  north  from  the  equator,  and  along  that  line  indefinitely  west- 
ward. Since  that  time  no  attempt  has  been  made  to  extend  the 
limits  of  Louisiana,  or  Canada,  to  the  north  of  that  line,  or  of  those 
companies  to  the  south  of  it,  by  purchase,  conquest,  or  grants  from 
the  Indians.  By  the  treaty  of  Paris,  1763,  the  boundary  between 
the  present  United  States  and  Florida,  and  I^ouisiana,  was  estab- 
lished by  a  line  to  run  through  the  middle  of  the  Mississippi,  from 
its  source  to  the  river  Iberville,  and  through  that  river,  iic.  to  the 
ocean.  Since  that  time  no  attempts  have  bocn  made  by  those  states, 
since  their  independence,  or  by  Great  Britain  before  it,  to  extend 
their  possessions  westward  of  that  line,  or  of  Spain  to  extend  Ijer's 
eastward  of  it,  by  virtue  of  such  acquisitions  made  of  the  Indians. 
These  facts  prove  incontestably,  that  this  principle  is  not  only  just 
in  itself,  but  that  it  has  been  invariably  observed  by  all  the  powers 
holding  possessions  in  America  in  ail  questions  to  which  it  applies 
relative  to  those  possessions.  On  the  authority  of  the  principle  tirst 
above  stated,  it  is  evident  that,  by  the  discovery  and  possession  of 
the  Mississippi  in  its  whole  length  and  the  coast  adjoining  it,  the 
United  States  are  entitled  to  the  whole  country  dependent  on  that 
river,  the  waters  which  empty  into  it,  and  their  several  branches 
within  the  limits  on  that  coast.  The  extent  to  which  this  would 
go,  it  is  not  now  possible  to  say,  but  the  principle  being  clear, 
dependent  on  plain  and  simple  facts,  it  would  be  easy  to  ascertain 
it.  It  is  equally  evident,  by  the  application  of  the  second  principle 
to  the  discovery  made  by  M.  de  la  Salle  of  the  Bay  of  St.  Bernard, 
and  his  establishment  there  on  the  western  side  of  the  river  Colo- 
rado, that  the  United  States  have  a  just  right  to  a  boundary  founded 
on  the  middle  distance  between  that  point  and  the  then  nearest 
Spanish  settlement,  which  it  is  understood,  was  in  the  province  of 
Panuco,  unless  that  claim  should  be  precluded  on  the  principle  first 
above  mentioned.  To  what  point  that  would  carry  us,  it  is  equally 
out  of  our  power  to  say,  nor  is  it  material,  as  the  possession  in  the 
bay  of  St.  Bernard,  taken  in  connexion  with  that  on  the  Mississippi, 
has  been  always  understood,  as  of  right  it  ought,  to  extend  to  the 
Rio  Bravo  on  which  we  now  insist." 

It  is  now  proper  to  return  to  the  other  parts  of  the  nego- 
tiation, undertaken  in  1805  by  Messrs.  Monroe  and  Pinkney 
at  Madrid.  With  Mr.  Pinkney  (Charles)  of  South  Carolina, 
appointed  a  plenipotentiary  in  June  1801,  the  resident  min- 


TREATY     OF     '95    WITH     SPAIN. 


277 


ister,  was  joined,  in  a  special  and  extraordinary  mission,  Mr. 
Monroe,  minister  at  the  court  of  St.  James.  The  cxumina- 
tion  of  the  points  in  dispute  between  the  two  countries  began 
in  January  1805.  We  have  already  spoken  of  the  bounda- 
ries of  Louisiana.  The  other  topics  related  to  illegal  cap- 
tures, and  the  suspension  of  the  right  of  deposite  at  New 
Orleans.  Spain,  never  having  denied  the  propriety  of  mak- 
ing indemnity  for  illegal  captures  by  bona  fide  Spanish  pri- 
vateers, this  business  had  been  arranged  in  the  conveiilion 
of  1802,  an  instrument  that  country  suddenly  refused  to  ra- 
tify,* though  made  uiuler  the  eyes  of  the  court,  because 
Louisiana  had  been  ceded  to  the  United  States.]  The  ille- 
gal captures  were  those  made  by  French  privateers,  either 
within  Spanish  jurisdiction,  or  condemned  in  the  Spanish 
ports  before  the  month  of  September  1800,  by  French  con- 
suls. The  United  States  claimed  indemnity  for  these  spoli- 
ations from  Spain.  But  the  claim  was  rejected  ;  the  Span- 
ish government  contending  that  the  convention  of  1800,  be- 
tween France  and  the  United  States,  released  them  from  any 
obligation  to  pay ;  and  by  a  supplementary  article  to  that 
instrument,  the  American  government  agreed  to  make  no 
demand  on  France  for  captures  or  spoliation  ;  an  exemption 
conceded  by  America,  in  consideration  of  being  exonerated 
from  the  weighty  obligation,  imposed  by  the  treaty  of  '78, 
involving  the  guaranty  of  the  French  possessions.     On  that 


*  This  convention  was  fully  ratified  by  this  government  in  Decem- 
ber 1818.        .  ,    1^^ 

t  The  Senate  ratifled  this  convention  in  1804 ;  but  it  was  annulled 
by  the  convention  of  1819.  We  take  this  opportunity  to  say  that  the 
first  minister  plenipotentiary,  sent  by  Spain  to  this  country,  was  the 
chevalier  Carlos  Martinez  dc  Yrujo ;  he  arrived  after  the  treaty  of 
'95,  and  his  commission  was  renewed  in  1801,  when  he  Avas  created 
or  became  a  marquis,  lie  is  su])posed  to  have  been  the  author  of  a 
paper,  signed  Verus,  addressed  to  the  native  American,  and  published 
in  the  Aurora  towards  the  close  of  the  year  '97.  He  was  the  last 
Spanish  minister  in  America,  before  the  renewal  of  the  diplomatic  in- 
tercourse on  the  restoration  of  the  royal  family.  David  Humphreys, 
of  Connecticut,  was  appointed  a  minister  plenipotentiary  to  Madrid, 
in  May  '96. 


278 


TRKATY    OF    *96    WITH    SPAIN. 


4 


occasion,  the  United  States  avowed  themselves  satisfied  on  the 
subject  of  spoliations.  Now,  if  a  nation,  in  a  treaty,  declares 
herself  satisfied  for  a  claim  against  another  party,  she  obvi- 
ously can  have  no  further  demand  against  that  party.  This 
is  a  principle  founded  in  the  roost  obvious  and  simplest  rules 
of  justice,  and  not,  at  all,  created  or  affected  by  municipal 
law.  This  was,  in  substance,  the  reply  of  Spain,  a  defence 
that  would  not  admit  of  an  answer,  if  the  facts,  assumed  by 
that  governmcn.t,  were  correct.  But  tho  fact  is,  the  con- 
vention of  l&OO  rclcuscd  only  France  from  indemnity  ;— > 
there  is  no  reference  in  it  to  a  third  party.  The  American 
government  did  not  make  a  demand  on  the  French  for  a 
wrong,  committed  by  any  one  of  their  allies.  But,  in  sup- 
port of  her  argument,  Spain  presented  the  following  view  of 
the  case.  From  the  year  '95  to  the  treaty  of  Amiens, 
France  and  Spain  were  allies,  and  at  war  with  England  ; — 
France  aimed  privateers  in  Spanish  ports  to  cruise  against 
English  vessels ; — this  was  lawful  ;  but  the  violations  she 
committed  on  neutrals  out  of  the  jurisdiction  of  Spain,  by 
means  of  these  same  privateers,  were  beyond  the  control  of 
Spain  ; — they  were  not  acts  done  in  Spanish  waters,  nor  by 
Spanish  officers  or  tribunals.  As  a  proof  of  this,  the  French 
tribunals  decided  that  the  captured  vessels  should  be  con- 
demned ; — the  court  of  cassation  at  Paris  was  full  of  appeals 
from  the  Americans  interested,  supported  by  the  agents  of 
that  country  ; — the  American  merchants  themselves,  there- 
fore, considered  the  French  responsible,  for  they  appealed 
to  the  courts  of  that  government  for  redress.  But,  on  the 
other  hand  it  was  said,  that  Spain  preserved  the  attitude  of 
an  independent  nation  till  the  overthrow  of  the  Bourbon 
dynasty  in  1808,  and  it  would  have  been  highly  indecorous 
in  the  American  government  to  have  intimated  that  she  was 
not  able  to  maintain  her  sovereignty  within  her  own  acknow- 
ledged jurisdiction,  as  Spain  never  assumed  this  defence. 
Foreign  governments  would  have  been  little  justified  in  gra- 
tuitously presenting  it  to  consideration,  or  for  abstaining  on 
that  ground  from  making  perfectly  legitimate  demands.  She 
possessed  every  external  attribute  of  a  sovereign,  independ- 


TREATY     or     *95    WITH     SPAIlf. 


270 


3  on  the 
declares 
ie  obvi- 
.     This 
!st  rules 
lunicipal 
defence 
imed  by 
he   con- 
nity  ;-— 
.merican 
h   for  a 
,  in  sup- 
view  of 
Amiens, 
;Iand  ; — 
i  against 
ions   she 
pain,  by 
ontrol  of 
},  nor  by 
5  French 
be  con- 
'  appeals 
igents  of 
,   there- 
ippealed 
,  on  the 
itude  of 
ourbon 
lecorous 
I  she  was 
tcknow- 
lefence. 
in  gra- 
ining on 
Is.    She 
lepend- 


ent  nation  ; — she  had  made  an  honourable  and  separate 
peace  with  Great  Britain  in  1801,  and  was  not,  at  any  one 
period,  in  the  condition  of  a  vassal  state,  or  conquered  coun- 
try. M.  de  Talleyrand,  again,  came  to  the  aid  of  the  Span- 
ish minister,  if  not  with  arguments,  at  least  with  opinions 
unfavourable  to  the  United  States.  Wc  quote  from  a  letter 
written  by  him  in  July  1801,  to  admiral  Travina,  ambassa- 
dor of  his  Catholic  Majesty  at  Paris  : 

"  Uespecting  the  second  point  in  dispute  (indemnities),  wliicli 
your  excellency  docs  me  the  lionour  (o  sjiciilc  of  in  your  note,  1 
must  sny  that  I  had  previously  no  linowlcdije  of  it.  And,  indeed, 
if  I  had  been  informed  that  his  Catliolic  Mnjosty's  ministers  had 
carried  their  condescension  for  the  government  of  the  United  States 
so  far,  as  to  engage  tlicmselvcs  towards  it  lor  indemnifying  viola- 
tions, pretended  to  have  been  committed  hy  I-'rance,  I  should  cer- 
tainly have  received  onlers  from  my  government  to  express  the 
dissatisfaction  which  I'^rance  mii^fl  feel  on  the  occasion  of  so  un- 
seemly a  deference,  and  this  dissatisfaction  woidd  have  been  ex- 
pressed stiH  more  warmly  to  tlie  government  of  the  United  Slates 
than  to  that  of  Spain.  There  is  every  reason  to  suppose,  tliat  the 
court  of  Spain,  hy  thus  yiohling  to  an  improper  demand,  has  em- 
boldened tiie  American  government,  and  determined  it  to  become 
pressing  and  even  menacing  on  tiiis  occasion.  As  for  the  rest,  the 
explanations  formerly  given  to  your  court  on  this  point,  as  well  as 
those,  which  have  been  authorized  to  be  given  to  the  government 
of  the  United  States  by  the  charge  d'alTaires  of  liii  Ini|>erial  Majes- 
ty, must  enable  you  to  judge  of  tlic  opinion  formed  hy  his  Majesty 
on  this  question,  which,  having  already  been  tlic  subject  of  a  long 
negotiation,  and  of  a  lormal  convention  betweon  France  and  the 
United  States,  cannot  again  become  a  subject  of  discussion."  ,  ^. 

It  will  immediately  occur,  that  the  opinion  of  a  French 
minister  of  foreign  relations  is  not  entitled  to  much  conside- 
ration, for  France  was  a  party  deeply  interested.  The  spoils 
of  the  confiscated  property  had  been  put  in  her  treasury, 
and  of  all  exemptions  or  immunities  Spain  might  obtain, 
France  would  enjoy  the  only  and  full  benefit.  It  is,  also, 
evident,  that  in  regard  to  these  claims  Spain  was  not  a  party 
to  the  convention,  and  could,  therefore,  derive  no  advantage 


280 


TREATY     or    '95     WITH    SPAIN. 


from  it.  As  Spain  never  pretended  that  the  claim  on  her 
for  spoliations,  committed  by  her  own  privateers,  was  dis- 
charged by  that  convention,  we  are  not  aware  that  she  could 
be  justified  in  expecting  an  exemption,  under  the  same  in- 
strument, (dr  spoliations  by  French  subjects  within  her  limits. 
Spain  asserts  that  these  acts  were  committed  by  foreigners, 
but  they  were  not  committed  by  stealth,  nor  were  they  acts 
of  such  sudden,  unlooked  for  violence,  that  the  Spanish  au- 
tiiorities  had  neither  time  nor  the  means  to  interfere.  On 
the  contrary,  many  of  the  vessels  were  taken  lying  in  Span- 
ish ports,  and  all  of  them  carried  before  French  consuls,  and 
condemned  in  public  day.  If  the  acts  had  been  done,  as 
Spain  asserted,  without  her  jurisdiction,  there  would  have 
been  no  pretence  for  a  claim  on  her.  It  is,  moreover,  the 
duty  of  government  to  see  that  all  foreigners  in  their  inter- 
course with  it  are  protected  in  the  enjoyment  ol  those  rights, 
to  which  they  are  entitled  by  the  laws  of  nations  ;  and  it  is 
a  rule  as  well  established,  that  every  state  should  be  respon- 
sible for  wrongs,  committed  within  its  limits  by  aliens  on 
other  aliens.  This  rule  is  founded  on  the  plain  consider^ 
lion,  that  every  government  is  supposed  sovereign  within  i  i 
own  limits,  while  it  remains  independent.  Spain,  in  thi 
particular  case,  was  additionally  bound  by  the  special  pro- 
visions of  the  treaty  of  '95  to  protect  American  property. 
France  committed  the  spoliations  within  the  jurisdiction  of 
Spain,  and  it  is  immaterial  whether  France  waj  eventually 
liable.  The  injury  was  done  in  Spain  ;  Spanish  laws  werf 
violated ;  Spain  had  cognizance  of  the  case,  and  her  govern 
ment  permitted  the  wrong;  reparation  was,  therefore,  due 
from  her.  It  is  true,  the  convention  of  1800  released 
France  from  the  claims,  if  she  was  eventually  answerable  for 
them  ;  but  application  had  already  been  made  to  Spain,  and 
her  demand  would  always  be  good  against  France.  No  na- 
tion can  undertake  to  adjust  the  concerns  of  another  without 
its  authority,  and  no  release  given  by  one  party  can  affect  a 
third.     France  could  not  have  made  a  convention  to  compel 


iiftii. 


TREATY    or    '96   WITH    SPAIN. 


281 


on  her 
vas  dis- 
,e  could 
ame  in- 
r  limits, 
eigners, 
ley  acts 
nish  au- 
re.     On 
n  Span- 
luls,  and 
done,  as 
lid  have 
ver,  the 
ir  inter- 
e  rights, 
and  it  is 
I  respon- 
iliens  on 
)nsiden 
k'ithin  i  i 
p,  in  thi 
cial  pro- 
>roperty. 
iction  of 
entuallj 
rs  werf 
Tovern 
e,   due 
released 
rable  for 
iin,  and 
No  na- 
Avithout 
affect  a 
conapel 


Spain  to  pay  for  all  those  demands ;  by  a  similarity  of  rea- 
soning she  could  not  release  her  from  them.*       >iu^  o^?.Hii.: 

Spain  refused  at  the  time  io  do  any  thing  on  the  subject  of 
the  claims  for  spoliations.  Closely  allied  wilh  France,  then 
exceedingly  powerful, her  government  did  not  apprehend  the 
fate  with  which  they  were  threatened.  But  she  was  morti- 
fied, depressed  and  irritated  by  an  unfortunate  bargain  with 
the  Emperor  Napoleon  respecting  Louisiana  ; — by  an  accu- 
mulating and  protracted,  angry  correspondence  with  the  Unit- 
ed States,  and  by  frequent  and  alarming  quarrels  and  outra- 
ges on  her  frontiers,  particularly  in  regard  to  the  Indians. 
Most  of  her  concerns  with  the  American  government  had 
taken  an  unfortunate  turn,  and  almost  every  topic  had  led, 
not  only  to  tedious,  but  to  irritating  discussions.  Spain 
probably  felt,  moreover,  that  she  was  growing  weak.  Los- 
ing her  influence  in  Europe,  and  her  colonies  in  America,  she 
naturally  parted  with  every  thing  with  extreme  reluctance, 
well  knowing  she  would  never  be  able  to  regain  her  posses- 
sions. Her  government  exhibited  the  habits  of  a  decaying, 
perishing  state.  This  arose  partly  from  the  modes  of  doing 
business,  always  customary  in  that  country,  and  partly  from 
the  indecision  and  negligence,  which  unhappily  as  well  as  in- 
variably accompany  debility.  The  United  States  have  never 
yet  come  to  an  open  rupture  with  Spain  ;  but  there  is  no 
nation  in  f^urope,  with  whom  the  relations  of  the  American 
government  have  been  so  unsatisfactory. 

We  have  but  one  more  topic  to  examine  before  we  arrive 
at  the  final  termination  of  the  mission  of  Messrs.  Monroe 
and  Pinkney.  This  related  to  the  right  of  deposite  at  New 
Orleans,  suddenly  suspended  in  October  1802,  by  the  inten- 
dant  of  Louisiana.  Undoubtedly,  a  gross  violation  of  the 
22d  article  of  the  treaty  of  '95  ;  or  at  the    least  it  was  an 

*■  This  claim  has  since  been  adjustctl  by  the  act,  tniiisferiiiig  r'n-st 
Florida  to  the  United  States;  on  that  account  uc  liave  very  briefly 
touched  upon  the  history  and  jjrinciple  of  tlicso  claini*!,  tliongh  they 
rest  on  the  same  considerations,  as  those  against  otlior  Enrojtcan 
governments. 

VOL.  I.  36 


2S2 


TREATY    OF   '95   WITH    SPAIN.  , 


unfriendly  act  to  suspend  the  deposite  without  notice,  the 
article  obviously  requiring  that  another  place  should  be  point- 
ed out  on  the  Mississippi  for  the  same  purpose.  This  was 
not  done.  The  act  was  disavowed  by  the  king,  and  the  right 
renewed;  but  the  purchase  of  Louisiana  in  1803,  removed 
all  the  difficulties  attending  this  transaction.  The  actual 
injury  done  to  the  navigation  on  the  Mississippi  was  consid- 
erable, and  a  reparation  for  this  was  included  in  the  instruc- 
tions of  the  commissioners.  This  mission  terminated  in  the 
beginning  of  1 805  ;  Mr.  Monroe  having  returned  to  Lon- 
don, Mr.  Pinkney  was  succeeded  by  James  Bowdoin,  of 
Massachusetts,  appointed  minister  plenipotentiary,  who  re- 
mained till  1807.  The  United  States  had  no  minister  in 
Spain  during  the  troubles  in  that  country.  The  intercourse 
was  renewed  again  in  1814,  by  the  appointment  of  George 
W.  Erving,  of  Massachusetts,  a  minister  plenipotentiary. 


l'«*^J^*« 


(     283     ) 


^I?*V.«  . 


tM 


i'mivf'i'i' 


fe-^'       -f^i/'t     ,'■     V^     fV^ti-rM 


CHAPTER    YIII. 


CONVENTION  OP  1800  WITH  FRANCE. 


Jefferson  elected  again  to  France — Jefferson'^s  Utters  on  French  Revolu- 
tion— Permission  to  return — Jay''s  letter  on  Federal  Government— 

..  De  la  Luzerne  is  succeeded  by  De  Moustier — Morris  succeeds  Jeffer- 
son and  Teman  de  Moustier — Washington's  illness — French  Revo- 
lution embarrassing  to   Government — Perplexing  question  whether 

,,  a  Minister  should  be  received  from  the  French  Republic — M.  Genet- 
Death  of  the  King — Excellent  remark  of  Morris — Less  enthusia^n 
for  the  Revolution — Proclamation  on  neutrality — Remarks  on  that 
subject — Very  difficult  negotiation  with  Genet — His  demands  exam- 
ined— Monroe  goes  to  France — Government  solicit  the  recall  of 
Genet — His  unsuitable  language — Dismissed — Is  succeeded  by  Fau- 
chet — More  temperate — Met   succeeds   Fauehet — Outrage  on  Fau- 

■  chct — France  extremely  dissatisfied  with  state  of  things — Monroe 
opposed  to  administration — Want  of  instructions — Jay's  treaty — 
Pinckney  succeeds  Monroe — Not  received  by  the  Directory— Order- 
ed to  leave  France — Extraordinai-y  proceeding — Pinckney,  Marshall 
and  Gerry  appointed — JVot  received,  though  cards  of  hospitality  sent 
them — Instructions — W.  Y.  Z. —  Talleyrand  proposes  to  treat  with 
one  Commissioner  only — Rejected — Pinckney  and  Marshall  leave 
France — Talleyrand's  account  of  negotiation — Gerry  remains — 
Origin  of  parties — Hostilities — Talleyrand  brings  on,  by  means  of 
Pichon,  another  negotiation — Ellsworth,  Murray  and  Davie  ap- 
pointed to  France — Properly  received — First  Consul — Account  of 
tiegotiation-T'Conveniion — Bonaparte  desirous  of  peace — French 
government  poor — Convention  hastily  made. 

In  October  1787,  Mr.  Jefferson  was  again  elected  minister 
to  France  for  three  years.  He  arrived  in  that  country  soon 
after  his  first  appointment,  and  was  presented  to  the  king  on 
the  17th  of  May  1785,  by  M.  de  Vergennes,  who  still  con- 
tinued the  principal  minister  of  state.     The  period  of  Mr. 


284 


CONVENTION  OF  1800  WITH  FRANCE. 


Jefferson's  residence  at  Ihe  Court  of  Versailles  was  uncom- 
monly important  and  interesting,  but  for  reasons  and  con- 
siderations, that  have  little  direct  connexion  with  this  coun- 
try. His  letters  relate  principally  to  the  state  of  France, 
and  towards  the  close  of  his  mission,  contain  minute  accounts 
of  the  events  that  daily  took  place  under  his  eyes.  In  speak- 
ing of  the  assembly  of  notables,  where  the  first  symptoms  of 
disaffection  were  disclosed,  Mr.  Jefferson  appears  to  think 
that  the  reforms  in  the  ancient  monarchy  would  be  only  par- 
tial, and  even  to  them  he  alludes  with  some  degree  of  doubt. 
We  have  no  recollection  of  observing,  in  any  part  of  the 
correspondence  we  have  had  an  opportunity  of  examining, 
an  intimation  of  the  dreadful  consummation  of  this  revolu- 
tion, nor  any  expressions  but  those  of  a  favourable  kind  in 
regard  to  the  king.  But  as  this  great  work  proceeded,  some 
change  naturally  took  place  in  his  opinions,  principally  con- 
cerning the  reformation  that  would  be  worked  in  the  govern- 
ment. It  is  apparent  from  the  two  short  extracts  we  are 
about  to  introduce,  that  his  sentiments  on  the  subject  of 
the  French  Revolution  did  not  materially  differ  from  many 
other  enlightened  statesmen,  both  of  this  country  and  Great 
Britain. 

May  '88.  "  There  is  neither  head  nor  body  in  the  na- 
tion to  promise  a  successful  opposition  to  200,000  regular 
troops.  Some  think  the  army  could  not  be  depended  on  ; 
but  the  breaking  men  to  military  discipline  is  breaking  their 
spirits  to  the  principles  of  passive  obedience.  Whatever 
turn  this  crisis  may  take,  a  revolution  in  the  government 
seems  inevitable,  unless  foreign  war  intervene  to  suspend  the 
present  contest,  and  a  foreign  war  the  government  will  avoid 
if  possible,  from  an  inability  to  get  money." 

January  '89.  "  This  country  advances  with  a  steady 
pace  towards  the  establishment  of  a  constitution,  whereby 
the  people  will  remove  the  great  mass  of  those  powers,  so 
fatally  lodged  in  the  hands  of  the  king."  "  The  intrigues 
of  the  clergy  and  nobility  will  unite  the  people  and  the  king." 

Great  and  constant  complaints  were  made  by  M.  de  Ver- 
gennes  and  de  Royneval,  that  the  American  trade  had  not 


incom- 
d  con- 
;  coun- 
'lance, 
^counts 


oms  of 
I  think 
ily  par- 
doubt, 
of  the 
mining, 
revolu- 
kind  in 
d,  some 
Ily  con- 
govern- 
we  are 
bject  of 
m  many 
d  Great 

the  na- 
regular 
led  on  ; 
ig  their 
hatever 
irnraent 
tend  the 
[U  avoid 

steady 
thereby 
rers,  so 
itrigues 

king." 
le  Ver- 
lad  not 


t  I 


CONTENTION  OP  1800  WITH  FRANCE. 


285 


found  its  way  to  their  country,  and  notwithstanding  the  stipu- 
lations of  the  treaty  of  '78,  still  all  centred  in  England. 
This  was  an  extreme  disappointment  to  France ;  but  com- 
merce does  not  readily  follow  in  the  channels,  traced  out  for 
it  on  the  parchment  of  diplomatists.  France  had  nothing  to 
give  in  exchange  for  our  productions  ;  no  inducements  or 
advantages  to  otfer,  that  could  break  through  the  fixed  com- 
mercial habits  of  two  centuries,  the  convenience  of  similarity 
of  laws,  language,  and  general  customs  of  trade.  At  this 
present  hour,  France  appears  to  be  drawing  to  her  ports 
some  portion  of  our  active,  enterprising  commerce,  but  in 
point  of  amount  how  little  in  comparison  with  the  trade, 
which  continues  to  pour  itself  into  the  bosom  of  the  mother 
country,  and  of  what  little  value,  compared  with  the  articles 
of  staple,  necessary  consumption,  annually  obtained  from 
Great  Uritain,  notwithstanding  that  our  own  manufactures  fol- 
low so  close  upon  those  of  that  wealthy,  industrious  people. 
When  Mr.  Jefferson  was  in  France,  there  existed  insuperable 
obstacles  to  a  commercial  convention,  in  the  wasteful  system 
of  profligate  farming,  particularly  as  it  respected  tobacco. 

In  October  1789,  Mr.  Jefferson  returned  to  this  country, 
having  previously  obtained  the  permission  of  the  government. 
The  official  papers,  relating  to  this  change,  we  shall  insert 
at  length,  on  account  of  the  interesting  nature  of  their  con- 


tents. 


."W-' 


•>}iCf^-  •»«- 


.  ■•*.;» 


"Nevv-York,  19th  June  1789. 

"  I  have  at  leng(h,  my  dear  sir,  the  pleasure  of  informing  you 
(though  not  officially)  that  yon  have  leave  to  return,  and  that  Mr. 
Short  is  appointed  to  take  charge  of  the  public  affairs  during  your 
absence. 

"  From  the  time  that  your  letter  of  the  19th  November  last  was 
received,  \\z.  10th  February,  to  the  time  that  our  former  govern- 
ment gave  place  to  the  present  one,  there  was  not  a  single  day,  on 
which  so  many  States  were  represented  in  the  late  Congress,  as 
were  necessary  to  make  a  House. 

"  Directly  after  the  President  came  into  ofhce,  I  communicated 
to  him  your  request.  It  was  the  general  opinion,  that  the  appoint- 
ments under  the  late  government  expired  at  that  period,  and  there- 


286 


COnVSNTION   OF    ISOO  WITH   FRANCE. 


fore  that  the  heads  of  the  different  departments  were  not  in  capa- 
city to  proceed  without  a  new  conveyance  of  authority.  It  waj 
expected,  that  the  different  officers  would,  without  delay,  be  estab- 
lished, and  the  business  of  them  put  in  train.  These  circumstances 
retarded  a  decision  on  your  request. 

"  Although  the  departments  still  remain  in  the  same  state,  yet 
the  President  on  the  IGth  instant  informed  the  Senate,  that  he  had 
complied  with  your  request,  and  that  he  nominated  Mr.  Short  on 
the  17th.  1  attended  the  Senate  on  the  subject,  and  yesterday  they 
came  to  a  resolution  in  the  following  words,  viz.  ^  United  States  of 
America.  In  Senate,  18th  June  1789.  liesolvcd  that  the  Presi- 
dent of  the  United  States  be  informed,  that  the  Senate  advise  and 
consent  to  his  appointment  of  William  Short,  Esquire,  to  take 
charge  of  our  affairs  at  the  Court  of  France,  during  the  absence  of 
the  minister  plenipotentiary  at  that  Court.' 

"  For  some  days  past,  the  President  has  been  indisposed  with  a 
headache,  attended  with  fever.  This  morning  I  went  to  his  house 
to  communicate  the  resolution  to  him,  and  receive  his  orders  on 
the  subject.  He  is  better,  but  his  physicians  thought  it  best  that, 
for  the  present,  no  applications  should  be  made  to  him  on  public 
affairs  of  any  kind;  consequently  the  business  in  question  must  be 
postponed.         '•<     ■  ?^    -     :  •     ^  . ;    :  „ 

*'  Until  the  office  for  foreign  affairs  is  established,  the  papers  and 
despatches,  proper  on  the  occasion,  cannot  be  completed  and  trans- 
mitted. When  I  consider  how  long  you  have  waited  for  the  result 
of  your  application,  and  the  sensations,  which  repeated  disappoint- 
fnenls  must  have  occasioned,  I  cannot  forbear,  thus  informally,  to 
acquaint  you  with  the  preceding  facts,  and  to  mention  to  you  as  my 
opinion,  that  you  may  venture  to  return,  and  that  the  earliest  op- 
portunity will  be  taken  of  transmitting  to  Mr.  Short  the  necessary 
papers.  I  mean  to  send  you  copies  of  this  letter  by  various  routes, 
and  sincerely  wish  that  it  may  arrive  seasonably,  and  that  1  may 
have  the  pleasure  of  congratulating  you  on  your  arrival  here  early 
in  the  autumn.  .>» 

"  With  the  best  wishes,  and  with  my  sincere  esteem  and  regard, 
I  am,  dear  Sir,  your  most  obedient  and  humble  servant. 

«  JOHN  JAY, 
"  The  Hon.  Thomas  Jefferson,  Esq."  .  , 


CONTENTION  OI  1800  WITH  FRANCK. 


287 


1  capa- 

It  wnj 

>  estab- 

staDces 

lie,  yet 
he  had 
hort  on 
lay  they 
Itates  of 
e  Presi- 
vise  and 
to  take 
sence  of 

d  with  a 
lis  house 
rders  on 
test  that, 
)n  public 
I  must  be 

;pcrs  and 
nd  trans- 
he  result 
lappoint- 
iilly,  to 
ou  as  my 
liest  op- 
ecessary 
[s  routes, 
at  1  may 
re  early 

regard, 
JAY, 


v»     "  Very  great  and  good  Friend  and  Ally. 

"  As  the  time  limited  for  the  duration  of  Mr.  JefTerson^a  residence, 
in  quality  of  our  Minister  Plenipotentiary  *near  your  Majesty,  #ill 
shortly  expire,  and  the  public  interests  require,  that  he  should  un- 
dertake other  functions,  we  have  directed  him  to  take  leate  of 
your  Majesty,  and  to  assure  you  of  our  friendship  and  sincere  de- 
sire to  preserve  and  strengthen  the  harmony  and  confidence,  which  . 
80  happily  subsist  between  the  two  nations.  We  are  persuaded 
that  he  will  do  this  in  the  manner  most  expressive  of  these  senti- 
ments, and  of  the  respect  and  sincerity  with  which  they  are 
offered. 
"  We  pray  God  to  keep  your  Majesty  under  his  holy  protection. 
"  Written  at  the  city  of  New-York  tiie  6th  day  of  April  1790.   ^ 

"  Your  good  friend  and  ally, 

"G.  WASHINGTON. 
"  To  our  very  great  and  good  friend  and  ally 

"  His  most  christian  Majesty."  ■ 

The  count  de  Moustier,  appointed  to  succeed  M.  de  la 
Luzerne  as  minister,  arrived  in  America  in  1788,  and  had 
the  usual  audience  with  Congress  in  February  of  the  same 
year.     M.  de  Moustierf  was  the  last  envoy  sent  by  Louis 

*  This  expression,  "  near  your  Majesty,"  "  near  the  French  Court,'* 
it  is  well  known,  is  not  conformable  to  the  idioms  of  the  English  lan- 
guage ; — it  is  a  French  idiom,  peculiar  even  in  that  tongue,  ns  the  ad- 
verb "  pres"  is  not  followed  by  a  preposition.  We  have  met  with  it  as 
early  as  1775  or  '76,  in  public  documents,  immediately  after  the  inter- 
course began  with  France, — a  literal  translation  from  the  French, 
made  by  some  person  in  the  public  offices,  not  acquainted  with  the  true 
idiom  of  the  two  languages.  It  appears  to  us  an  awkward  form  of 
speech,  and  was  not  required  by  the  absence  of  appropriate  expres- 
sions in  our  language.  If  we  might  venture  on  an  opinion  in  this 
j)Iace,  we  can,  perhaps,  exhibit  no  better  specimens  of  pure  idiomatic 
English  than  the  state  papers  (both  documents  and  correspondence) 
of  the  first  Congress,  and  of  our  ministers  employed  abroad  during 
that  period. 

t  M.  de  Moustier  was  still  living  in  1820,  near  Versailles.  He  has 
been  conspicuous  for  his  attachment  to  the  royal  family.  In  1799  he 
left  France,  and  did  not  return  till  1814. 


288 


CONVENTION    OF    1800   WITH   FRANCE. 


XVI.  to  this  country,  and  the  first  French  minister  recog- 
nised by  the  Federal  Government.  He  remained  till  1790, 
anil  was  succeeded  by  Colonel  Ternan,*  as  a  Minister  Pleni. 
potentiary.  Mr.  Short  was  left  at  Paris  in  charge  of  the 
affairs  of  the  legation  ;  we  extract  a  paragraph  from  a  letter 
to  him,  written  by  Mr.  Jefferson  soon  after  his  return. 

;  "  New-York,  July  7,  1790. 

"  I  mentioned  that  being  cnbout  to  immorge  into  the  forests  of 
Albemarle,  where  I  should  henr  nothing  of  \vh<nt  was  pnssing  in  the 
world,  I  should  not  write  to  you  again,  till  I  should  emerge.  I 
mentioned,  too,  the  footing  on  which  stood  the  proposal  for  my 
translation  to  a  new  ofHce — it  was  not  till  the  middle  of  February, 
that  a  second  letter  from  the  President  determined  me  to  accept 
it. 

in  the  mean  time  we  have  been  very  near  losing  the  Presi- 
dent; he  was  taken  with  a  peripnenmony,  and  on  the  5fh  day  he  was 
pronounced  by  two  of  the  three  physicians  present  to  be  in  the 
act  of  death — a  successful  effort  of  nature,  however,  relieved  him 
and  us.  You  cannot  conceive  the  public  alarm  on  this  occasion — 
it  proves  how  much  depends  on  his  life."  ..     ... 

The  Federal  Government,  just  after  its  organization,  was 
embarrassed  by  a  difficult  and  perplexing  negotiation.  Amer- 
ica had  scarcely  achieved  its  own  independence  when  a  rev- 
olution began  in  France.  An  uncommonly  strong  and  uni- 
versal sympathy  was  immediately  awakened  in  the  people  of 
the  United  States.  The  great  asras  of  that  revolution  were 
celebrated  in  this  country  by  civic  feasts,  where  the  red  cap 
of  liberty  was  passed  from  head  to  head. — the  well  known 
airs  of  Ca  ira,  Les  Marseillais  and  La  Carmagnole  were  sung 
in  the  theatres,  streets,  and  on  public  occasions — the  tri-coU 
oured  cockade  was  worn  by  most  of  the  citizens — the 
"  taking  of  the  Bastille," — the  "  declaration  of  the  rights  of 
man,"  and  "  the  citizen," — the  "  abolition  of  feudal  rights" 
and  of  "  honorary  distinctions," — the  "  confederation  of  the 
French," — were  commemorated  with  the  roasting  of  oxen, 
and  other  tokens  of  joy.     In  the  language  of  the  day,  the 

*  We  find  this  name  in  the  Moniteur  (A.  1.  No.  66)  written,  Ternant. 


COITTKNTION   OF    1800   WITH    FRANCX. 


289 


rccog- 
l  1790, 
ir  Pleni- 
3  of  the 
a  letter 
rn. 

790. 

forests  of 
ing  in  the 
nerge.  I 
il  for  my 
February, 
to  accept 

the  Presi- 
ay  he  was 
be  in  the 
ievetl  him 
iccasion — 

tion,  was 
.    Amer- 
en  a  rev- 
and  uni- 
people  of 
ion  were 
red  cap 
111  known 
'ere  sung 
le  tri-col- 
ins — the 
rights  of 
1  rights" 
In  of  the 
of  oxen, 
]day,  the 

Ternant. 


American  people  were  disposed  to  "  fraternize"  with  the 
French  nation.  At  the  moment  of  the  greatest  exaltation 
and  most  heated  state  of  the  public  mind,  a  war  broke  out 
between  France  and  England  ;  and  though  actual  hostilities 
were  first  committed  by  the  French,  the  conduct  of  Great 
Britain  was  viewed  with  deep  sensibility  and  almost  general 
indignation  in  America. 

In  the  course  of  this  business  there  arose  a   question  of 
unusual  delicacy  and  difficulty  :  not  only  whether  a  minister 
should  be   received  at  all  from   the  French  Republic,  but 
whether  he  should  be  received  unconditionally.      It  was  the 
first  time. these  questions  had  been  submitted  to  the  consid- 
eration of  the  administration,  and  they  were  now  presented 
under  circumstances  of  peculiar  embarrassment.     The  gov- 
ernment, hardly  established,  found  itself  under  the  necessity 
of  deciding  upon  the  claims  of  a  new  state,  erected  from  the 
ruins  of  one  of  the  most  powerful  nations  of  Europe.      No 
one  doubted  but  that  the  ancient  government  of  the   Bour> 
hons   was   for   the   moment   overthrown — the   king   in    the 
Temple,  a  state  prisoner,  the  noblesse  and  clergy  emigrated, 
the  army  disorganized  and  succeeded  by  the  national  guard, 
the  Austrians  and   Prussians  expelled,  or  withdrawn  beyond 
the  Rhine,  and  the  National  Convention,  having  met  in  Sep- 
tember 1792,  decreed  the  abolition  of  royalty  and  the  foun- 
dation  of  the  Republic.      It  was,   also,  quite    obvious,   that 
the  progress  of  the  Revolution  had  been  regular  and  syste- 
matic.     The  crimes  and  bloody  deeds  of  that  period  do  not 
admit  of  defence,  but  they  were  susceptible,  at  the  time,  of 
an  explanation.     No  great  and    sudden  changes  in  a  highly 
civilized  condition  of  society  take  place   without   violence  ; 
and  when  every  sort  of  government,  every  description   of 
police  or  authority  was  obliterated,  atrocities  could  not  ex- 
cite much  astonishment  in  a  city  of  the  size  of  Paris,  already 
too  well  known  in   history  by   one  of  the   most  sanguinary 
transactions  of  which  we  have  any  record.      The  death  of 
the    King,   whatever    feelings   of  horror  and  indignation    it 
might  awaken,  was  considered  by  many  as  a  political  event  ; 
even,  indeed,  by  those  eminent  men,  whose  proceedings  in 
VOL,.   I.  37 


290 


CONVENTION    OF    1800    WITH    FRANCE. 


the  Old  Jewry  have  only  been  rescued,  by  the  eloquence  of 
Mr.  Burke,  from  tb^c  common  and  wide  grave,  into  which 
the  numberless  waitings  and  dissertations  on  the  French 
Revolution  have  fallen.  It  was  one  more  sacrifice,  as  Louis 
himself  often  said,  to  the  Revolution.  Every  step,  deep  in 
gore  as  they  certainly  were,  the  French  people  seemed  to 
gain  something  on  the  score  of  liberty.  Through  the  difle- 
rent  stages  of  the  States  General,  the  union  of  the  three  or- 
ders, the  National  Constituent  Assembly,  the  Legislative 
Assembly,  and  the  National  Convention,  when  the  Republic 
WAS  decreed,  the  freedom  of  the  citizen  was  apparently 
making  a  conquest  over  the  oppressions  and  abuses  of  the 
ancient  and  royal  government.  It  seems,  therefore,  just  to 
remark,  that  if  the  Republic  was  not  established,  at  least  the 
monarchy  was  overthrown.  There  was,  also,  a  strong  feel- 
ing of  confidence  in  America  that  the  Revolution  would  suc- 
ceed ;  not  only,  because  it  was  the  general  and  most  ardent 
hope  and  wish  of  the  people,  but  the  complete  success  of 
their  own  undertaking  naturally  led  them  to  believe^  that  the 
efforts  of  a  nation  in  the  same  cause  would  be  attended  with 
results  equally  fortunate. 

We  find  the  Cabinet  determined,  with  an  unanimous 
voice,  to  receive  the  French  Minister,  but  a  difference  of 
opinion  appears  to  have  existed,  as  it  respects  the  conditions, 
with  which  this  act  should  be  accompanied.  Louis  XVI. 
had  personally  been  a  constant  and  great  friend  and  benefac- 
tor to  America.  His  portrait  and  that  of  the  queen,  a  pre- 
sent to  the  Congress  of  the  Confederation,  for  a  long  time 
hung  in  a  conspicuous  place  in  the  hall  of  that  assembly. 
The  first  celebrated  treaty  of  alliance  and  commerce  had 
been  concluded  and  signed  in  his  name,  and  by  his  ministers, 
and  the  Republic,  whose  representative  now  presented  him- 
self to  the  notice  of  the  people  and  the  administration,  was 
founded  in  the  blood  and  on  the  wrecks  of  the  Bourbon 
family.  Again,  the  royal  government  was,  still,  nominally  in 
existence  ;  recognised  by  all  the  principal  powers  of  Eu- 
rope ;  and  exercised  by  a  regency  at  Coblentz  on  the  Rhine, 
in  the  name  of  Louis  XVI.,  while  he  lived,  and  at  his  death, 


i 

m 


CONVEWTIOli^  OF    1800   WITH    FRANCE. 


291 


was 


the  Dauphin,  his  son,  then  a  prisoner  in  the  Temple,  was 
immediately  proclaimed  by  the  title  of  Louis  XVII.  A  civil 
war,  limited  in  extent,  though  remarkably  destructive  of 
life,  also  raged  with  uncommon  fury  in  the  Bocage  or  La 
Vendee.  This  was  the  situation  of  things.  The  Republic, 
on  one  side,  actually  standing  in  possession  of  the  authority 
and  the  territory  belonging  to  the  French  nation  ;  with  a 
slight  probability,  indeed,  on  the  other,  of  a  restoration  of 
the  royal  government.  It  could  not,  therefore,  be  consider- 
ed a  departure  from  the  laws  of  nations  to  receive  the 
French  Minister ;  and  this  the  President  resolved  to  do, 
without  any  qualifying  or  explanatory  act. 

Louis  XIV.,  by  acknowledging  the  Pretender,  gave  great 
offence  to  the  English  Government  ;  and  it  was  alleged  to 
be  one  of  the  principal  causes  of  the  war  that  England  de- 
clared at  the  time  against  France.  The  subject  of  recog- 
nising new  governments  has  been  much  discussed,  but  no 
precise  rules  have  been  laid  down  for  the  regulation  of  states 
in  this  particular.  Writers  place,  perhaps,  more  stress  upon 
the  circumstance  of  actual  possession  than  any  other.  For- 
eign nations  have  clearly  no  right  to  interfere  in  the  domes- 
tin  concerns  of  other  countries  ;  but  when  one  party  is  ob- 
viously master  of  the  power  and  territory,  the  neutral  state 
is  fully  warranted  in  acknowledging  it.  And  if  the  first  par- 
ty should  ultimately  be  overthrown  and  expelled,  the  suc- 
cessful one  would  not  have  just  cause  of  complaint  against 
the  neutral.  The  reason  of  this  rule  is  apparent.  It  is 
highly  desirable  that  the  intercourse  of  civilized  nations 
should  be  maintained,  and  the  impropriety,  nay,  the  impos- 
sibility of  the  case  precludes  a  close  investigation  into  the 
domestic  affairs  of  foreign  states. 

M.  Genet,  appointed  by  the  Executive  Council,  Minister 
to  the  United  States,  in  January  1793,  arrived  in  this  coun- 
try, in  April  of  the  same  year,  in  the  Ambuscade  frigate. 
He  landed  in  Charleston,  South  Carolina,  and  was  received 
with  marks  of  respect,  attention  and  enthusiasm.  While  at 
Charleston,  M.  Genet  authorized  dill'erent  persons  to  fit  and 
arm  vessels, — to  enlist  men  in  that  port, — and  gave  commis- 


292 


CONVENTION   OF    1800   WITH    FRANCE. 


sions  to  cruise,  and  commit  hostiliticr  upon  nations,  with 
whom  the  United  States  were  at  peace,  the  port  of  Charles- 
ton bein|!  particularly  convenient  for  the  purpose  of  molest- 
ing the  English  West  India  trade.  Captures,  made  by  those 
vessels,  were  soon  brought  in  ;  and  the  French  Consuls  be- 
gan, at  once,  under  the  authority  of  the  Minister,  to  try, 
condemn,  and  authorize  their  sale.  M.  Genet  was  not  at 
this  time  accredited  as  a  foreign  Minister  by  the  Government 
of  this  country^  and  actually  did  not  arrive  at  the  seat  of 
government,  Philadelphia,  till  the  middle  of  May.  His  pro- 
gress through  the  country,  from  Charleston,  was  attended 
with  every  circumstance  that  could  manifest  the  very  deep 
interest  the  people  took  in  the  French  Revolution,  and  the 
satisfaction  with  which  a  representative  from  that  republic 
was  received  in  the  United  States.  The  Minister  must 
have  been  well  satisfied,  that  the  nation  were  exceedingly 
desirous  of  a  union  with  France  ;  and  were  quite  prepared 
to  enter,  with  that  country,  into  a  war  against  the  monar- 
chies of  Europe.  These  sentiments  soon  became  deeply 
impressed  upon  the  mind  of  M.  Genet, — a  man,  obviously, 
of  a  sanguine  temperament,  heated  and  excited  by  the  pas- 
sions and  politics  of  the  times. 

It  is  quite  in  course  here  to  mention  a  circumstance,  that 
first  appears  to  have  allayed  the  fever  heat  of  the  public 
pulse ;  to  have  awakened  the  earliest  feelings  of  distrust  in 
the  political  success  of  the  French.  We  allude  to  the  death 
of  the  King,  which  happened  about  this  period,  and  whose 
willingness  to  engage  in  our  Revolution  was  undoubtedly 
remembered  with  gratitude.  In  the  outset,  the  Americans 
beheld  the  French  revolution  with  a  feeling  of  delight  and 
admiration,  unmingled  with  that  intense  anxiety,  and  often 
extreme  despondency,  with  which  they  watched  the  pro- 
gress of  their  own.  But,  left  free  to  examine  and  deliberate, 
the  atrocities  that  accompanied  it,  and  that  seemed  to  accu- 
mulate, as  the  abuses,  against  which  they  were  levelled,  dis- 
appeared, produced  in  a  short  time,  a  slow,  but  unfailing 
reaction  in  the  public  mind.  The  execution  of  the  king, 
without  doubt,  weakened  the  party  of  the  National  Conven- 


coifTENTioir  or    1800   with   riiAivcis. 


293 


IS,  with 
[Charles- 
molest- 
by  those 
isuls  be- 
to   try, 
s  not  at 
ernment 
!  seat  of 
His  pro- 
attended 
ry  deep 
and  the 
republic 
ter  must 
cedingly 
prepared 
!  monar- 
e  deeply 
bviously, 
the  pas- 

nee,  that 
e  public 

listrust  in 

Ithe  death 
whose 

oubtedly 
mericans 
ight  and 
nd  often 
he  pro- 
liberate, 
to  accu- 
led,  dis- 
|unfailing 
he  king, 
Conven- 


tion in  the  United  States.  This  sacrifice,  even  if  necessary 
in  a  political  vi6w,  was,  nc\ '  ithcless,  a  violation  of  justice, 
and  the  rights  of  the  citi/cn  ;  fur,  if  Louis  was  no  longer 
a  king,  ho  was  still  a  man,  a  citiyen,  amording  to  the  laws  of 
the  French  Republic.  These  ciieumstniut  <  innde  a  suitable 
impression  upon  the  Amcitciin  people,  alt^ays  accustomed  to 
the  forms  of  an  equal,  thou^li  Miideviating  justice.  From 
the  10th  of  August,  2d  of  Septcmly  r,  and  the  period  uf  the 
King's  execution,  the  revolution  decidedly  lost  friends  in  this 
country.  This  sentiment  pervaded  the  breasts  of  men 
whose  devotion,  even  to  the  French  Republic,  was  beyond 
suspicion.  The  celebrated  Thomas  Paine,  it  is  known,  vot- 
ed against  the  death  of  Louis ;  though,  as  Marat  artfully 
insinuated,  being  a  Quaker,  he  was  in  conscience  opposed 
to  capital  punishments.  *^  France,"  said  Thomas  Paine,  in 
the  convention  on  the  question  of  '*  &*urst9,"  "  has  now  but 
a  single  ally,  the  United  States.  The  person,  to  whom  the 
present  discussion  relates,  is  regarded  by  that  people  as  their 
best  friend.  His  execution,  1  assure  you,  willdifluse  among 
them  a  general  grief.  I  propose  to  you  to  conduct  Louis  ta 
the  territory  of  the  United  States.  After  a  residence  of 
two  years,  Mr.  Capet  will  fmd  himself  a  citizen  of  America. 
Miserable  in  this  country,  to  which  his  absence  will  be  a 
benefit,  he  will  be  furnished  the  means  of  becoming  happy 
in  another." 

In  the  early  part  of  the  year  '92  Gouverncur  Mor- 
ris of  New  Jersey,  was  appointed  to  France,  a  minister 
plenipotentiary,  as  the  successor  of  Mr.  Jctferson.  He  was 
in  Paris  at  the  time  of  the  execution  of  the  king,  and 
at  the  breaking  out  of  the  war  of  the  first  coalition.  He 
makes  (Feb.  13,  1793)  some  excellent  remarks,  truly 
prophetic,  on  the  consequences  of  the  first  mentioned 
event.  "  Since  my  last  I  have  every  reason  to  believe  that 
the  execution  of  Louis  IG,  has  produced  on  foreign  nations 
the  effect  I  had  imagined.  The  war  with  England  exists, 
and  it  is  now  proper,  perhaps,  to  consider  its  consequences. 
In  one  shape  or  another  this  nation  will  make  a  bankrupt- 
cy. The  mode,  now  talked  of,  is  to  pay  off  the  debt  in  a 
species  of  paper   money,  which  shall  be  receivable  for  the 


394 


CONTENTION    OF     1800    WITH    FRANCE. 


sales  of  confiscated  property,  and  shall  bear  no  interest. 
When  once  the  whole  of  the  debt  shall  be  fairly  afloat,  the 
single  word  depreciation  will  settle  all  accounts.  You  will 
say,  pei haps,  the  measure  is  unjust, — to  which  I  answer,  that 
in  all  popular  governments,  strongly  cpnvulsed,  it  is  a  suffi- 
cient answer  to  all  arguments,  that  the  measure  proposed,  is 
for  the  public  good.  Supposing  then  the  debt  of  France 
was  liquidated,  she  presents  a  >ich  surface  with  20,000,000 
of  people,  who  love  war  better  than  labour.  Be  the  form  of 
government  what  it  may,  the  administration  will  find  war 
abroad  necessary  to  preserve  peace  at  home.  The  neigh- 
bours of  France  must,  therefore,  consider  her  as  a  great 
power,  essentially  belligerent,  and  they  must  measure  them- 
selves by  the  scale  of  her  force.  In  this  view  of  the  sub- 
ject, to  take  her  Islands  is  to  possess  but  the  parings  of  her 
nails.  Strange  as  it  may  seem,  the  present  war  on  the  part 
of  France  is  a  war  of  empire  ;  and  if  she  defends  herself 
she  cammands  the  worlds 

In  April  1793,  the  celebrated  Proclamation  of  neutrality 
was  issued.*  The  historian  of  the  first  President  makes  the 
following  remarks  in  relation  to  that  subject :  -v.    ;  •' 


u. 


*  "  Whereas  it  appears,  that  a  war  exists  between  Austria,  Prussia, 
Sanlinia,  Great  Britain,  and  the  United  Netherlands  on  the  one  part, 
and  France  on  the  other ;  and  the  duty  and  interest  of  the  U.  States 
require,  that  they  should  with  sincerity  and  good  faith  adopt  and  pur- 
sue a  conduct  friendly  and  impartial  towards  the  belligerent  powers  ; 
I  have,  therefore,  thought  fit,  by  these  presents,  to  declare  the  disposi- 
tion of  the  U.  States  to  observe  the  conduct,  aforesaid,  towards  these 
powers  respectively  ;  and  to  exhort  and  warn  the  citizens  of  the  U. 
States,  carefully  to  avoid  all  acts  and  proceedings,  whatsoever,  which 
may  in  any  manner  tend  to  controvert  such  dispositions.  And  I  do, 
hereby,  also,  make  known,  that  whosoever  of  the  citizens  of  the  U. 
States  shall  render  himself  liable  to  punishment  or  forfeiture  under  the 
laws  of  nations,  by  committing,  aiding,  or  abetting  hostilities  against 
any  of  the  said  powers,  or  by  carrying  to  any  of  them,  those  articles, 
which  are  deemed  contraband  by  the  modern  usage  of  nations,  will  not 
receive  the  protection  of  the  U.  States  against  such  punishment  or  for- 
feiture ;  and  further,  that  I  have  given  instructions  to  those  officers  to 
whom  it  belongs,  to  cause  prosecutions  to  be  instituted  against  all  per- 


terest. 
It,  the 
»u  will 
r,  that 
SI  suffi- 
sed,  is 
France 
JOjOOO 
form  of 
nd  war 

neigh- 
i  great 
5  them- 
le  sub- 

of  her 
Ihe  part 
herself, 

utrality 
kkes  the 


Prussia, 
one  part, 
States 
and  p'lr- 
powers  ; 
disposi- 
rds  these 
>f  the  U. 
which 
knd  I  do, 
f  the  U. 
nder  the 
against 
articles, 
will  not 
It  or  for- 
fficers  to 
t  all  per- 


CONVENTION  OP  1800  WITH  FRANCE. 


295 


"  This  measure  derives  importance  from  the  consideration,  that 
it  was  the  commencement  of  that  system  to  which  the  American 
Government  afterwards  inflexibly  adhered,  and  to  which  much  of 
the  national  prosperity  is  to  be  ascribed.  It  is  not  less  important 
in  another  view.  Being  at  variance  with  the  prejudices,  the  feel- 
ings, and  the  passions  of  a  large  portion  of  the  Society,  and  being 
predicated  on  no  previous  proceedings  of  the  legislature,  it  pre- 
sented the  first  occasion,  which  was  thought  a  fit  one,  for  openly 
assaulting  a  character,  around  which  the  affections  of  the  people 
had  thrown  an  armour,  theretofore  deemed  sacred,  and  for  direct- 
ly criminating  the  conduct  of  the  President  himself.  It  was  only 
by  opposing  passions  to  passions,  by  bringing  the  feelings  in  favour 
of  France  in  conflict  with  those  in  favour  of  the  chief  magistrate, 
that  the  enemies  of  the  administration  could  hope  to  obtain  the 
victory." 

Under  the  constitution  two  parties  are  concerned  in  the 
interpretation  of  treaties,  the  judiciary  and  the  executive,  but 
the  authority  or  jurisdiction  of  the  first  is  exclusively  of  a 
domestic  nature — to  the  latter  is  confided  the  exercise  of 
the  power  between  this  and  foreign  governments.  When  a 
treaty  has  been  concluded  and  ratified  in  the  usual  form,  the 
executive  gives  notice  of  the  fact  by  proclamation  ; — this  is 
a  constitutional  exercise  of  authority — another  is  to  declare 
the  state  of  the  nation,  where  dangers  in  the  political  condi- 
tion of  the  world  are  so  sudden  or  important,  as  to  put  in 
jeopardy  the  rights  or  the  property  of  the  citizens.  The 
proclamation  of '93,  was  a  legitimate  exercise  of  authority, 
and  in  a  great  degree  necessary  from  the  consideration,  that 
the  interpretation  of  the  treaty  of  alliance,  assumed  by  the 
executive,  would  have  rendered  many  acts,  violations  of  neu- 

sons,  wiio  shall,  within  the  cognizance  of  the  Courts  of  the  U.  States, 
violate  the  laws  of  nations  with  respect  to  the  powers  at  war,  or  any 
of  them. 

-.^H.  -  "  Done,  &c. 

"GEORGE  WASHINGTON. 
"  By  the  President, 
"Th.  JErrERSoN." 


296 


CONTENTION  OF  1800  WITH  FRANCE. 


trality,  which  a  portion  of  the  nation  considered  harmless. 
It  became,  therefore,  the  duty  of  the  Executive  to  signify  to 
the  people  the  official  construction  of  this  instrument.  The 
proclamation  was  constitutional,  although  the  interpretation 
might  have  been  erroneous ; — it  declares  the  United  States 
to  be  in  condition  of  neutrality ; — this  is  the  only  fact  it 
professes  to  establish,  or  about  which  any  dispute  can  possibly 
arise.  This  state  of  things  was  notified  in  April  to  the  re- 
spective foreign  ministers  at  Philadelphia,  in  a  circular  from 
the  Department  of  State. 

"  Sir, — As  far  as  the  public  gazettes  are  to  be  credited,  we  may 
presume  that  war  has  taken  place  amon;^  several  of  the  nations  of 
Europe,  in  which  France,  England,  Holland  and  Prussia  are  par- 
ticularly engaged.  Disposed  ourselves  to  pursue  steadily  the  ways 
of  peace,  and  to  remain  in  friendship  with  all  nations,  the  President 
of  the  United  States  has  thought  it  expedient,  l)y  the  proclamation 
of  which  I  enclose  you  a  copy,  to  n^iify  this  disposition  to  our  citi- 
zens, in  order  to  intimate  to  them  the  line  of  conduct  for  which 
they  are  to  pre()are,  and  this  he  has  done  without  waiting  for  a 
formal  notification  from  the  belligerent  powers.  He  hopes  that 
those  powers,  and  your  nation  in  particular,  will  consider  this  early 
precaution  as  a  proof  the  more  candid,  as  it  has  been  unasked,  of 
the  sincere  and  impartial  intentions  of  our  country,  and  that  what 
is  meant  merely  as  a  general  intimation  to  our  citizens,  shall  not  be 
construed  to  their  prejudice  in  any  courts  of  admiralty,  as  if  it 
were  conclusive  evidence  of  their  knowledge  of  the  existence  of 
war,  and  of  the  powers  engaged  in  it.  Of  this  we  could  not  give 
Ihem  conclusive  information,  because  we  have  it  not  ourselves, 
and  till  it  is  given  to  us  in  form,  and  so  communicated  to  them,  we 
must  consider  all  their  acts  as  lawful,  which  would  have  been  law- 
ful in  a  state  of  peace. 

"  Mr.  Ternant,  Mr.  Van  Berckel,  Mr.  Hammond."  '"^ '" 

The  Cabinet  declared,  also,  by  this  instrument,  the  con- 
struction it  intended  to  put  on  the  *  11th  article  of  the  treaty 
of  alliance  with  France.     This  article  imposed,  among  other 


*  s 


ee  Treaty  in  2d  Chapter. 


CONVENTION  OF  1800  WITH  FRANCE. 


297 


rmless. 

;nify  to 

The 

etation 

States 

fact  it 
jossibly 
the  re- 
iar  from 

we  may 
tations  of 

are  par- 
Ihe  ways 
President 
claraation 
0  our  citi- 
for  which 
iting  for  a 
lopes  that 
p  this  early 
nasked,  of 

that  what 
hall  not  be 

y,  as  if  it 

istence  of 
not  give 

ourselves, 
them,  we 
been  !aw- 


the  con- 

^he  treaty 

)ng  other 


things,  upon  the  United  States  the  obligation  of  protecting  the 
Islands  belonging  to  the  French  in  the  West  Indies,  several 
of  which  fell,  about  this  time,  into  the  hands  of  the  British. 
Bot  a  step  of  the  kind  would  have  led  to  an  immediate  de- 
claration of  war  on  the  part  of  Great  Britain.  The  article 
was  considered  to  be  applicable  to  a  defensive  war  only,  and 
that  good  faith  did  not  require  America  should  take  any  part 
in  hostilities,  till  the  present  French  government  was  obvious- 
ly and  firmly  established.  The  last  ground  was,  perhaps,  a 
just  and  sound  one,  but  in  receiving  M.  Genet,  the  administra- 
tion had  furnished  the  only  proof  in  its  power,  that  it  consider- 
ed the  French  Republic  endowed  with  that  character  and  con- 
dition. Whatever  government,  America  recognised  as  ex- 
isting in  France,  had  a  right  to  require  the  fulfilment  of  the 
guaranty.  Some  doubt  might  reasonably  prevail  as  to  the 
other  ground  assumed  by  the  Cabinet,  not  only  from  the 
phraseology  of  the  article,  but  from  the  extreme  difficulty  of 
ascertaining,  in  all  cases,  the  true  character  of  a  defensive  or 
offensive  war.  The  act  of  the  war  itself,  the  mode  of  con- 
ducting it,  may  be  altogether  oflensive,and  yet  the  immediate 
cause,  defensive  ;  nations  may  be  driven  to  hostilities  by  the 
oppressive  conduct  of  others ;  few  manifests  of  war  are  pub- 
lished, that  do  not  present  to  the  world  abundant  reasons  for 
a  resort  to  arms.  The  article  is,  therefore,  incomplete,  be- 
cause it  does  not  admit  of  an  immediate  and  general  applica- 
tion ; — -the  party  called  upon  to  execute  it,  is  at  liberty  to 
construe  it,  and  is  at  all  times  the  judge,  whether  assistance 
is  justly  required.  But,  at  best,  the  construciion  of  the 
government  is  an  implied  one,  for  the  language  of  the  stipu- 
lation is  plain  and  on  the  surface  free  from  ambiguity.  We 
confess  we  are  pleased  with  a  remark  of  Gouverneur  Morris 
on  this  subject  in  a  letter  of  December  21,  1792. 

"The  circumstance  of  a  war  with  Great  Britain  becomes  impor- 
tant to  us  in  more  ways  than  one.  The  question  respecting  the 
guaranty  of  American  possessions,  may,  probably,  be  agitated,  es- 
pecially if  France  should  attempt  to  dufcnd  her  islands.  There 
will,  doubtless,  be  many  in  llie  United  Stales,  who  will  contend  that 
the  treaty  made  with  the  King  is,  at  the  least,  suspended,  if  not 
VOL.    I.  38 


298 


CONVENTION  OF  1800  WITF  FRANCE. 


abrogated,  by  the  abrogation  of  his  office  and  authority.  Without 
entering  into  the  numerous  arguments  on  this  subject,  some  of  them 
forcible,  all  of  them  plausible,  I  will  only  pray  your  indulgence, 
while  I  express  my  wish,  that  all  our  treaties,  however  onerous, 
may  be  strictly  fullilled,  according  to  their  true  intent  and  mean- 
ing.  The  honest  nation  is  that,  which  like  the  honest  man,  v, 
'  Hath  to  Ills  plighted  faith  and  vow,  forever  firmly  stood,  <„•* 
And  tho'  it  promise  to  its  loss,  yet  makes  that  promise  good.' " 

We  shall  now  give  a  sketch  of  the  proceedings  of  M.  Genet 
with  this  government.  He  came  to  the  United  States  au- 
thorized to  conclude  an  alliance  both  defensive  and  offensive. 
We  cannot  do  better  than  give  his  own  words ;  it  is  not  only 
a  specimen  of  the  language,  but  of  the  sentiments  and  feel- 
ings of  the  times. 

"  Single  against  innumerable  hordes  of  tyrants  and  slaves,  who 
menace  her  rising  liberty,  the  French  nation  would  have  a  right 
to  reclaim  the  obligations,  imposed  on  the  United  States  by  the 
treaties,  she  has  contracted  with  them,  and  which  she  has  cement- 
ed with  her  blood  ;  but  strong  in  the  greatness  of  her  means  and 
of  the  power  of  her  principles,  not  less  redoubtable  to  her  enemies 
than  the  victorious  arm,  which  she  opposes  to  their  rage,  she  comes 
in  the  very  time,  when  the  emissaries  of  our  common  enemies  are 
making  useless  efibrts  to  neutralize  the  gratitude — to  damp  the 
zeal — to  weaken  or  cloud  the  view  of  your  fellow  citizens — she 
comes,  I  sa}',  that  generous  nation — that  fiiithful  friend,  to  labour 
still  to  increase  the  prosperity,  and  add  to  the  happiness,  which 
she  is  pleased  to  see  them  enjoy. — The  obstacles  raised  with  in- 
tentions, hostile  to  liberty,  by  the  perfidious  ministers  of  despot- 
ism— the  obstacles,  whose  object  was  to  stop  the  rapid  progress  of 
the  commerce  of  the  Americans,  and  the  extension  of  their  princi- 
ples, exist  no  more.  The  French  republic,  seeing  in  them  but 
brothers,  has  charged  me  to  propose  to  your  government,  to  estab- 
lish in  a  true  family  compact,  that  is,  in  a  national  compact,  the 
liberal  and  fraternal  basis,  on  which  she  wishes  to  see  raised  the 
commercial  and  political  system  of  two  people,  all  whose  interests 
are  confounded." 

It  was  with  the  feeling  and  sentiments  disclosed  in  this 
letter,  spread  wide  through  the  community  and  deep  seated, 


Without 
of  them 
iilgence, 
onerous, 
d  mean- 

™» 

i, 
good.'" 

[.Genet 
ites  au- 
ffensive. 
not  only 
ind  feel- 

ves,  who 
le  a  right 
^s  by  the 
s  cement- 
neans  and 
r  enemies 
she  cornea 
emies  are 
damp  the 
sens — she 
to  labour 
ss,  which 
with  in- 
f  despot- 
rogress  of 
ir  princi- 
them  but 
[,  to  estab- 
pact,  the 
aised  the 
interests 


1  I 


CONVENTION   OP    1800   WITH   FRANCE. 


299 


that  the  government  was  compelled,  in  the  unlucky  turn  of 
affairs,  to  contend.  The  struggle  was  a  difficult  one ;  for, 
with  the  American  people,  these  opinions  were  not  only  pure 
and  sincere,  but  they  were  permanent  ;  the  same  with  which 
the  country  was  inspired  at  the  time  of  its  own  revolution  ; 
and  they  entered,  as  a  principal  element,  into  the  form  of 
the  government  and  the  organization  of  society.  At  this 
moment,  they  appeared,  it  is  true,  inflamed  and  aggravated 
by  sympathy  for  the  French,  by  indignation  at  the  eflbrts  of 
the  European  governments,  directed  against  the  republic  ; 
but  it  was  not  a  frenzy  of  the  hour,  like  the  scene  exhibited 
in  France.  America  manifested  its  true  legitimate  disposi- 
tion, partaking  of  the  influence  of  the  times. 

We  shall  examine  those  parts  of  M.  Genet's  claims,  only, 
that  involve  principles  of  the  public  laws  of  nations,  or  that 
illustrate  the  system  adopted  by  this  country.*  This  enquiry 
is  not  entirely  without  its  advantages.  It  has  been  the  aim 
of  the  government,  since  that  period,  to  follow  the  policy 
then  promulgated ;  and  the  principal  duties,  incumbent  on 
neutral  nations,  may  be  ascertained,  by  an  examination  of  the 
demands  of  the  French  minister.  Not  intending  to  mention 
the  instances  of  violation  of  public,  law  that  occurred,  we 
shall  confine  ourselves  to  the  general  principles,  for  which 
M.  Genet  contended.  He  asserted  "  a  right  of  arming  in 
our  ports,  of  enlisting  our  citizens,  and  of  exercising  consu- 
lar jurisdiction  ;"  and  denied  to  the  government  the  rij;ht, 
either  of  "  restraining  him,  or  punishing  them."  This  is  the 
language,  and  substance,  of  the  demand. f  The  question 
was,  not  of  a  vessel  arming  in  her  own  defence,  as  no  cases 
of  that  description  had  been  reported  ;  on  the  contrary,  the 
orders  of  the  government  were  directed  against  vessels  that 
were  manned,  armed  and  equipped  in  our  ports,  for  the  pur- 
pose of  committing  hostilities  on  the  subjects  of  a  state,  with 
which  this  country  was  at  peace.  The  proclamation  of  April 
22d,  did  not  allow  this  practice.      That  instrument  enjoined 


in'  this 
seated, 


*  Letter  of  Mr.  Jefferson,  of  August  1793. 

t  See  liis  note  of  May  25,  171>3,  to  tlic  Secretary  of  Stfitc 


30C 


CONVENTION   OF    5800   WITH    FRANCS. 


upon  the  citizen  to  observe  a  friendly  conduct  towards  all 
belligerent  powers,  "  according  to  public  law,  and  the  special 
treaties  existing  between  them  and  this  country."  A  pre- 
paration  of  hostilities  is  the  reverse  of  this  deportment.  The 
treaty  with  France,  of  '78  did  not  allow  it ;  for  it  permitted 
only  (17th  art.)  the  armed  vessels  of  either  party  to  enter 
with  their  prizes,  and  to  depart  freely  from  the  ports  of  the 
other.  No  possible  construction  of  that  article  can,  in  any 
way,  justify  the  manning  and  equipping  of  vessels,  to  commit 
hostilities  ;  neither  do  the  laws  of  nations,"^  or  treaties  with 

*  Vattel,  vol.  ii.  p.  332.  Here  we  are  to  consider  the  obligations 
and  rights  flowing  from  neutrality.  In  order  rightly  to  understand 
this  question,  we  must  avoid  confounding,  what  may  lawfully  be  done, 
by  a  nation  that  is  free  from  nil  engagements,  with  what  she  may  do, 
if  she  expects  to  be  treated  as  perfectly  neutral  in  a  war.  As  long  as 
a  neutral  nation  wishes  securely  to  enjoy  the  advantages  of  her  neu- 
trality, she  must,  in  all  things,  show  a  strict  impartiality  towards  the 
belligerent  powers;  for,  shouhl  she  favour  one  of  the  parties,  to  the 
])rojudice  of  the  other,  she  cannot  complain  of  being  treated  by  him  as 
an  adherent  and  confederate  of  his  enemy.  Her  neutrality  would  be 
a  fraudulent  neutrality,  of  which  no  nation  will  consent  to  be  the  dupe. 
But  the  present  question  is,  to  determine  what  may  lawfully  bo  done ; 
not  what  prudence  may  dictate,  according  to  circumstances.  Let  us, 
therefore,  examine,  in  what  consists  that  impartiality,  which  a  neutral 
nation  ought  to  observe. 

It  solely  relates  to  war,  and  includes  two  articles.  1.  To  give  no 
assistance  where  there  is  no  obligation  to  give  it ;  nor  voluntarily  to 
furnish  troops,  arms,  ammunition,  or  any  thing  of  direct  use  in  war. 
I  do  not  say,  "  to  give  assistance  equally,"  but,  "  to  give  no  assist- 
ance ;"  for  it  would  be  absurd,  that  a  state,  at  one  and  the  same  time, 
should  assist  two  nations,  at  war  with  each  other ;  and  besides,  it  would 
be  impossible  to  do  it  with  equality.  2.  In  whatever  does  not  relate  to 
war,  a  neutral  and  impartial  nation  must  not  refuse,  to  one  of  the  par- 
ties, on  account  of  his  present  quarrel,  what  she  grants  to  the  other. 
This  does  not  deprive  her  of  the  liberty  to  make  the  advantage  of  the 
state  still  serve  as  her  rule  of  conduct,  in  her  negotiations,  her  friendly 
connexions,  and  her  commerce.  When  this  reason  induces  her  to  give 
preferences,  in  things  which  are  ever  at  the  free  disposal  of  the  pos- 
sessor, she  only  makes  use  of  her  right,  and  is  not  chargeable  with 
partiality. 

I  have  said,  that  a  neutral  state  ought  to  give  no  assistance  to  either 


a 


I . 


CONVKNTION  OF  1800  WITH  FRANCB. 


301 


other  states,  at  all,  authorize  the  proceeding.  These  trea- 
ties are  a  part  of  the  law  of  the  land,  and  it  is  incumbent  on 
the  proper  law  tribunal  to  enforce  their  provisions.  The 
citizens  can,  therefore,  have  no  right  to  violate  the  provi- 
sions of  those  treaties.  If  the  citizen's,  themselves,  were 
not  possessed  of  the  privilege  of  committing  acts  of  hostility, 
or  offence,  against  those  states,  with  whom  the  nation  was 
at  peace,  we  are  not  aware  of  any  provision  of  national  law, 
or,  in  the  particular  case  now  under  consideration,  of  any 
provision  of  the  treaty  of  '78,  that  can  confer  this  right  or 
power  upon  an  alien.  Again,  the  arming  and  equipping  of 
vessels,  is,  obviously,  an  act  of  sovereignty  ;  an  act  that 
cannot  justly  be  exercised  in  the  United  States,  without  the 
permission  of  the  government.*  As  to  the  treaty,  these  are 
the  words  of  the  2 2d  article,  the  only  one,  with  the  excep- 
tion already  mentioned^  that  relates  to  this  matter : — "  It 
shall  not  be  lawful  for  any  foreign  privateers,  not  belonging 
to  subjects  of  his  Most  Christian  Majesty,  nor  citizens  of  the 
said  United  States,  who  have  commissions  from  any  prince 
or  state  in  enmity  with  either  nation,  to  fit  their  ships  in  the 
ports  of  either  the  one  or  the  other  of  the  aforesaid  parties.'^ 
This  article  denies  the  privilege  of  arming,  to  privateers  of 
any  nation,  at  war  either  with  France  or  America,  in  the 
ports  of  the  other  party.  The  only  ground  upon  which  France 
claimed  the  privilege,  under  this  article,  was,  therefore,  that 
of  implication.  The  article  not  expressly  excluding  French 
vessels,  at  a  time  when  France  was   at  war  with  England,, 


of  the  parties,  when  "  under  no  obh'gation  to  give  it.'*  This  restric- 
tion is  necessary.  We  have  already  seen,  that  when  a  sovereign  fur- 
nishes the  moderate  succour  due  in  virtue  of  a  former  defensive  alli- 
ance, he  does  not  become  an  associate  in  the  war  (§  101);  he  may» 
therefore,  fulfil  his  engagement,  and  yet  observe  a  strict  neutrality. 
When  a  war  breaks  out  between  two  nations,  all  other  states,  that  aro 
not  bound  by  treaties,  are  free  to  remain  neuter  ;  and  if  either  of  the 
belligerent  powers  attempted  to  force  them  to  a  junction  with  him> 
he  would  do  them  an  injury,  inasmuch  as  he  would  be  guilty  of  an  in- 
fringement on  their  independency,  in  a  very  essential  point. 

*  Vattel,  1.  3.  15. 


302 


CONVENTION   OF    1800   WITH   FRANCE. 


Spain  and  Holland,  all  on  friendly  terms  with  the  United 
States,  M.  Genet  insisted  with  great  vehemence  upon  the 
use  of  the  right. 

"  It  results  from  this  note,  Sir,  that  the  commissions,  transmitted 
in  virtue  of  the  orders  of  the  Executive  Council  of  the  republic  of 
France  to  the  French  vessels  in  the  ports  of  the  United  States,  are 
merely  an  authority  to  arm  tlicmsclvcs,  founded  upon  the  natural 
right  and  constant  usage  of  France,  that  these  commissions  have 
been  expedited,  at  all  times,  in  like  circumstances,  that  their  dis- 
tribution cannot  be  considered,  but  as  an  act  of  consular  adminis- 
tration, and  not  of  sovereignty,  and  that  every  obstruction  by  the 
government  of  the  United  Stases  to  the  arming  of  French  vessels 
must  be  an  attempt  on  the  rights  of  man,  upon  which  repose  the 
independence  and  laws  of  the  United  States  ;  a  violation  of  the  lies, 
which  unite  the  people  of  France  and  of  America,  and  even  a 
manifest  contradiction  of  the  system  of  neutrality  of  the  President, 
for,  in  fact,  if  our  merchant  vessels  and  others  are  not  allowed  to 
arm  themselves,  when  the  French  alone  arc  resisting  the  league 
of  all  the  tyrants  against  the  liberty  of  the  people,  they  will  be  ex- 
posed to  inevitable  ruin  in  going  out  of  the  ports  of  the  United 
States,  which  is  certainly  not  the  intention  of  the  people  of  Ame- 
rica. Their  fraternal  voice  has  resounded  from  every  quarter 
around  me,  and  their  accents  arc  not  equivocal ;  they  are  as  pure 
as  the  hearts  of  those,  by  whom  they  are  expressed,  and  the  more 
they  have  touched  my  sensibility,  the  more  they  must  interest,  in 
the  happiness  of  America,  the  nation  I  represent ;  the  more  I  wish, 
Sir,  that  the  Federal  Government  should  observe,  as  far  as  in  their 
power,  the  public  engagements,  contracted  by  both  nations,  and 
that  by  this  generous  and  prudent  conduct,  they  will  give  at  least, 
to  the  world  the  example  of  a  true  neutrality,  which  does  not  con- 
sist in  the  cowardly  abandonment  of  their  friends  in  the  moment, 
when  danger  menaces  them,  but  in  adhering  strictly,  if  they  can 
do  no  better,  to  the  obligations  they  have  contracted  with  them. 
It  is  by  such  proceedings  that  they  will  render  themselves  respect- 
able to  all  powers,  that  they  will  preserve  their  friends,  and  de- 
serve to  augment  their  number." 

This,  however,  is  not  the  usual  mode  of  construing  trea- 
ties, or  any  diplomatic  instrument.     Nations  possess  and  en- 


\  t 


CONVENTION  OF  1800  WITH  FRANCE. 


303 


!  United 
pen  the 

nnsmitted 
public  of 
tates,  are 
le  natural 
ons  have 
their  dis- 
r  adminis- 
3n  by  the 
:h  vessels 
epose  the 
f  the  ties, 
id  even  a 
President, 
illowed  to 
he  league 
vill  be  ex- 
he  United 
e  of  Ame- 
'y  quarter 
e  as  pure 
the  more 
terest,  in 
)re  I  wish, 
as  in  their 
tions,  and 
e  at  least, 
is  not  con- 
moment, 
they  can 
th  them. 
s  respect- 
and  de- 


ling trea- 
and  en- 


joy only  what  is  secured  to  them  hy  stipulation.  The  two 
parties,  in  this  case,  agreed  to  exclude  foreign  privateers  ; 
they  are  silent  as  to  their  own  vessels.  , .    ♦-.     .,*  .u 

"  It  was  of  value  to  each  party,  to  exclude  its  enemies  from  arm- 
ing in  the  ports  of  the  other,  and  could  in  no  case  embarrass  them. 
They,  theretbre,  stiptdated  so  far  mutually.  But  each  might  be 
embarrassed  by  permitting  the  other  to  arm  in  its  ports.  They, 
therefore,  would  not  stipulate  to  permit  that.  Let  us  go  back  to 
the  state  of  things  in  France,  when  this  treaty  was  made  ;  and  we 
shall  find  several  cases,  wherein  France  could  not  have  permitted 
us  to  arm  in  her  ports.  Suppose  a  war  between  these  states  and 
Spain.  We  know  that,  by  the  treaties  between  France  and  Spain, 
the  former  could  not  permit  the  enemies  of  the  latter  to  arm  in 
her  ports.  It  was  honest  in  her,  therefore,  not  to  deceive  us  by 
such  a  stipulation.  Suppose  a  war  between  these  states  and  Great 
Britain.  By  the  treaties  between  France  and  Great  Britain,  in 
force  at  the  signature  of  ours,  we  could  not  have  been  permitted  to 
arm  in  the  ports  of  France.  She  could  not,  then,  have  meant,  in 
this  article,  to  give  us  such  a  right.  She  has  manifested  the  same 
sense  of  it  again,  in  her  subsequent  treaty  with  England,  made 
eight  years  after  the  date  of  ours;  stipulating,  in  the  IGth  article 
of  it,  as  in  our  22d,  that  foreign  privateer.^,  not  being  subjects  of 
either  crowTi,  should  not  arm  against  either  in  the  ports  of  the  other. 
If  this  had  amounted  to  an  affirmative  stipulation,  that  the  subjects 
of  the  other  crown  might  arm  in  her  ports,  against  us,  it  would 
have  been  in  direct  contradiction  to  her  22d  article  with  us." 

It  has  already  been  said  that  M.  Genet,  on  his  first  arri- 
val in  Charleston  in  April  '93,  issued  commissions  to  priva- 
teers, and  authorized  the  enlisting  of  men,  both  Americans 
and  Frenchmen,  for  the  service  of  the  Republic  of  France. 
An  investigation  of  this  business  was  undertaken  in  the  au- 
tumn of  the  same  year  by  the  Legislature  of  South  Carolina, 
and  satisfactory  evidence  produced,  that  several  citizens  had 
received  commissions  to  enlist  men  within  the  United  States, 
for  the  purposes  of  hostility  against  the  enemies  of  France. 
The  Governor  issued  a  proclamation  in  December,  forbid- 
ding these  practices,  and  the  law  officers  of  the  state  were 
directed  by  the  Legislature  to  institute   prosecutions  against 


304 


CONVENTION  or  1800  WITH  FRANCE. 


certain  persons,  named  in  the  report  of  the  Committee  of  In- 
vestigation. Before  this  took  place,  however,  two  citizens 
of  the  United  States,  Gideon  Henfield  and  John  Singletary, 
had  been  arrested  on  board  a  French  privateer  and  conduct* 
ed  to  prison.  M.  Genet  demanded  their  release  in  the  fol- 
lowing words:  •  i 

"  I  have  this  moment  been  informed  that  two  oHficers  in  the  ser- 
vice of  the  Republic  of  France,  citizens  Gideon  IIcnBeld  and  John 
Singletary,  have  been  arrested  on  board  the  privateer  of  the  French 
Republic,  the  Citizen  Genet,  and  conducted  to  prison.  The  crime 
laid  to  their  charge,  the  crime  which  my  mind  cannot  conceive, 
and  which  my  pen  almost  refiisps  to  sliito,  is  the  serving  of  France, 
and  defending  with  her  children  the  common  and  glorious  cause 
of  liberty. 

"  Being  ignorant  of  any  positive  law  or  treaty,  which  deprives 
Americans  of  tbis  privilege,  and  authorizes  otTicers  of  police  5>rbi- 
Irarily  to  take  mariners  in  the  service  of  France,  from  on  l>oard 
their  vessels,  I  call  upon  your  intervention,  sir,  and  that  of  the 
President  of  the  United  States,  in  order  to  obtain  the  immediate 
release  of  the  above  mentioned  officers,  who  have  acquired,  by 
the  sentiments  animating  them,  and  by  the  act  of  their  engage- 
ment, anterior  to  every  act  to  the  contrary,  the  right  of  French 
citizens,  if  they  have  lost  that  of  American." 

These  two  cases  include  the  whole  principle  involved  in 
the  important  discussion  of  the  right  of  a  citizen  to  commit 
an  act  of  hostility,  under  his  own  or  foreign  colours,  upon  a 
state  with  which  his  own  country  is  at  peace.  On  this  sub- 
ject we  shall  quote  the  opinions  of  the  Attorney  General  and 
;an  extract  from  a  letter  of  Mr.  Jeiferson,  Secretary  of  State. 

"  1st.  It  may  well  be  doubted  how  far  the  Minister  of  France 
lias  a  right  to  interfere.  Henfield  is  a  citizen  of  the  United  States, 
And  it  is  unusual,  at  least,  that  a  foreign  power  should  interfere  in 
a  question,  whether,  as  a  citizen,  a  man  has  been  guilt}'  of  a  crime  ? 
Nor  can  any  authority  be  derived  from  Henfield  being  under  the 
protection  of  the  French  Republic,  because,  being  still  a  citizen, 
lie  is  amenable  to  the  laws  which  opcrale  on  citizens,  and  the  very 
act,  by  which  he  is  said  to  have  been  taken  under  such  protection, 
is  a  violation  of  the  sovereignty  of  the  United  States.     If  he  be  in- 


I! 


CONTENTION    OF     1800    WITH     FRANCE. 


305 


tee  of  In- 

0  citizens 
ingletary, 

conduct* 
n  the  fol- 

in  the  ser* 

1  nnd  John 
Ihe  French 
The  crime 
[  conceive, 
of  France, 
■iou9  cause 

h  deprives 
)olice  s'rbi- 
n  on  hoard 
that  of  the 
immediate, 
squired,  by 
ir  engage- 
of  French 

volved  in 

commit 

upon  a 

this  sub- 

neral  and 

of  State. 

•f  France 
ted  States, 
iterfere  in 
a  crime  ? 
under  the 
a  citizen, 
the  very 
irotection, 
he  be  in- 


nocent, he  will  be  safe  in  the  hands  of  his  countrymen :  if  guilty, 
the  respect  due  by  one  nation  to  the  decrees  of  another,  demands 
that  they  be  acquiesced  in.  »  ■ 

"  2.  But  Henficld  is  punishable,  because  treaties  are  the  supreme 
law  of  the  land,  and  by  treaties  with  three  of  the  powers  at  war 
with  France,  it  is  stipulated  that  there  shall  be  a  pence  between 
their  subjects  and  the  citizens  of  the  United  States. 

"  3d.  He  is  indictable  at  the  common  law,  because  his  conduct 
comes  within  the  description  of  disturbing  the  peace  of  the  Unit- 
ed  States. If  every  citizen    has  that   right,   then    the  nation 

(which  is  composed  of  all  its  citizens)  has  a  right  to  go  to  war  l»y 
the  authority  of  its  individual  citizens  ;  but  this  is  not  true,  either 
on  the  general  principles  of  society,  or  by  our  constitution,  which 
gives  that  power  to  Congress  alone,  and  not  to  the  citizens  individ- 
ually.    Then  the  first  position  was  not  true,  and  no  citizen  has  a 
right  to  go  to  war  of  his  own  authority,  and  for  what  he  does  with- 
out right,  he  ougiit  to  be  punished.     Indeed,  nothing  can  be  more 
obviously  absurd  tiian  to  say,  that  all  the  citizens  may  be  at  war, 
and  yet  the  nation  at  peace.     It  has  been  pretended,  indeed,  that 
the  engagement  of  a  citizen  in  an  enterprize   of  this  nature  was  a 
divestment  of  the  character  of  a  citizen,  and  a  transfer  of  jurisdic- 
tion over  him  to  another  sovereign.     Our  citizens  are  certainly 
free  to  divest  themselves  of  that  character  by  emigration  and  other 
acts,  manifesting  their  intention,  and   may  then  become  the  sub- 
jects of  another  power,  and  free  todo  whatever  the  subjects  of  that 
power  may  do.     But  the  laws  do  not  admit  that  the  bare  commis- 
sion of  a  crime  amounts  of  itself  to  a  divestment  of  the  character 
of  citizen,  and  withdraws  the  criminal  from  their  coercion.     They 
would  never  prescribe  an  illegal   act  among  the    legal  modes  by 
which  a  citizen  miglit  disfranchise  himself;  nor  render  treason, 
for  instance,  innocent,  by  giving  it  the  force  of  a  dissolution  of  the 
obligations  of  the  criminal  to  his  country."  . 

By  the  direction  of  M.  Genet,  some  of  the  French  con- 
suls established  admiralty  courts  in  this  country,  and  exer- 
cised admiralty  jurisdiction  over  vessels  taken  by  French  • 
cruisers.  This  assumed  right  deprived  our  own  courts  in 
all  cases  of  jurisdiction  over  vessels  brought  into,  or  claim- 
ed in,  our  waters,  as  prizes   of  one  of  the  belligerents.     It 

VOL.  I.  39 


300 


CONVENTION     OV     1800     WITH     FRANCE. 


comUI  not,  therefore,  be  permitted  to  our  own  tribunals  to  as- 
certain, under  any  circumstance,  whether  prizes,  claimed  as 
such,  were  justly  so  or  not.      Mr.  Jeflferson  concluded  a  con- 
vention at  Versailles  in  November  17ttb,  with  M.  do  Mont- 
morin,  one  of  the  Secretaries  of  State,  defining  the  powers, 
privileges,  and  duties   of  consuls.      This  convention   was  to 
I'cmuin  in  force  twelve  years;  but  it  contains  no  stipulation, 
whatever,  allowing  consuls  to  exercise  admiralty  jurisdiction. 
Neither  does   the  treaty  of  '78  cede  any    similar   power  or 
jurisdiction  to  the  French  consulates.      The   courts  of  the 
United  States  cannot  pretend  to  exercise  a  jurisdiction  over 
vessels  taken  on  the  high  seas,  for  it  is  matter   of  common 
usage,  that  the  decision  of  all  such  questions  shall  be  refer- 
red to   the    courts  of  the    sovereign    of  the   captor.      This 
right  is,  moreover,   confirmed   by  the    17th   article    of  the 
treaty  of  '78.     The  United  States  have  never  pretended  to 
enquire  into  the  validity  of  it ;  but  as  they  have,  in  no  pub- 
lic act  or  instrument,  whatever,  divested  their  own  courts  of 
the  cognizance   of  all   offences  committed  within   their  own 
waters,  the  French  consulates  obviously  usurped  power  that 
belonged  to  other  tribunals.      It  is   not  only  the    right,  but, 
also,  the  duty,  of  the  American  government,  to   protect  the 
vessels  of  neutrals  within    their  own  jurisdiction.      Indeed, 
this  provision  is  inserted  in  most  of  their  treaties,  particular- 
ly with  France   itself.      Niitions   difl'cr  as  to  the  distance  to 
which  this  right  extends,  but  in  no  case  is  the  distance  claim- 
ed (except  in  the  doctrine  of  close  seas)  so  great,  as  to  make 
the  rule    unreasonable.      A  reasonable   distance,    therefore, 
under  all  the  circumstances  of  the  case,  is  the  extent  of  juris- 
diction  to  which  the    right   is  aj)plicci.      If  our  courts  have 
not  this  jurisdiclion,  it  is  quite  evident,  that  neutrals  may  be 
taken  in  our  harbours,  from  our  wharves,  and  condemned  as 
legal  prizes  in  our  own  cities,    by   the   agents   of  a  foreign 
government. 

The  French  minister  maintained  this  pretension  with 
more  vehemence  and  a  more  resolute  spirit  than  any  under 
the  treaty  of  alliance  ; — exceedingly  valuable  to  his  govern- 
ment, as  it  would  have  converted  the  whole  American  coast 


S  to  89- 

imed  as 
1  a  con- 
3  Mont- 
powers, 
was  to 
xilation, 
sdiction. 
ower  or 
)  of  the 
ion  over 
common 
)e  refer- 
•.     This 
!   of  the 
ended  to 
no  pub- 
courts  of 
tieir  own 
wer  that 
ght,  but, 
)tect  the 
Indeed, 
irticular- 
jtance  to 
26  claim- 
to  make 
lerefore, 
of  juris- 
rts  have 
may  be 
mned  as 
foreign 

on    with 

ly  under 

govern- 

an  coast 


I  I 


coifTCNTioif  or   1800  with   rnANcc. 


SOT 


into  a  shelter  for  the  captures  of  all  privateers  under  tho 
French  flag.  VVc  shall  recite  entire  aleltcr  he  wrote  on  this 
subject  to  Mr.  Jeflerson. 

"  Sir — Discussions  are  short  wlion  mutters  arc  t:ikrn  upon  their 
true  principles.  Let  us  explain  ourselves  ns  republiciins.  Let  n» 
not  lower  ourselves  to  tho  level  of  the  ancient  politics  by  (li|ilo- 
niiitic  subtleties.  Let  us  be  as  Crank  in  our  cvorturcs — in  our  declu- 
ratlons,  as  our  two  nations  are  in  their  afioctionsi,  ami  hy  this  plain 
and  sincere  conduct  arrive  at  the  object  by  the  shortest  way. 

"  All  the  reasonings,  sir,  contained  in  the  letter,  »vhich  you  did 
me  the  honour  to  write  me  the  17th  of  this  month,  are  extremely 
ingenious;  but  1  do  not  hesitate  to  tell  }ou,  that  they  rest  on  a  ba- 
sis, which  1  cannot  admit.  You  oppose  to  my  complaints,  to  my 
just  reclamations  upon  the  footing  of  right,  the  private  or  public 
opinions  of  the  President  of  the  United  States  ;  and  this  Egis,  not 
appearing  to  you  sufhcient,  you  bring  forward  aphorisms  of  Vattel 
to  justify  or  excuse  infractions,  committed  on  positive  treaties.  Sir, 
this  conduct  is  not  like  ours.  In  arriving  among  you,  1  have,  with 
candour,  said  that  the  Frcncii  nation,  cherishing  the  interests  of  the 
United  States  more  than  our  own,  occupied  themselves  but  on  their 
happiness  in  the  midst  of  surrounding  dangers,  and  instead  of  press- 
ing them  to  fulfil  towards  them  all  the  obligations,  imposed  on 
them  by  our  treaties,  by  gratitude  and  by  provident  policy,  they 
have  just  granted  new  favours  to  their  commerce,  opening  to  them 
all  the  ports  in  the  two  worlds,  in  a  word,  assimilating  them  to  her 
own  citizens. 

"  Such  amicable  and  disinterested  proceedings  should  render  the 
federal  government,  sir,  industrious  in  seeking,  at  least,  all  the 
means  of  serving  us  as  far  as  circumstances  would  permit  them  ; 
but  instead  of  waiting,  till  Congress  had  taken  into  consideration 
the  important  subjects,  w  hich  should  already  have  occupied  them, 
until  they  have  determined  whether  the  war  of  liberty,  whether 
the  fate  of  France  and  lier  colonics  were  indifferent  objects  for 
America,  until  they  had  decided,  whether  it  was  tlie  interest  of  the 
United  St.ites  to  profit  or  not,  of  the  situation  in  which  French 
magnanimity  places  them,  they  liave  been  urged  on  by,  I  know 
not  what,  influence  to  pursue  another  conduct.  They  have  multi- 
plied diflicuUies  and   embarrassments  in  my  way.     Our  treaties 


308 


CONVENTION  OF  1800  WITH  FRANCE. 


have  been  unfavourably  interpreted.  Arbitrary  orders  have  di- 
rected against  us  the  action  of  the  tribunals  ;  indeed,  my  diplomatic 
reception  excepted,  I  have  met  with  nothing  but  disgust  and  obsta- 
cles in  the  negotiations  I  have  been  charged  vith. 

*'  It  is  not  thus  that  the  American  people  wish,  we  should  be 
treated.     I  cannot  even  suppose,  and  I  wish  to  believe,  that  mea- 
sures of  this  nature  were  not  conceived  in  the  heart  of  General 
Washington — of  that  celebrated  hero  of  liberty.     I  can  attribute 
them  only  to  extraneous  impressions,  over  which  time  and  truth 
will  triumph.     I  request  you,  therefore,  sir,  to  hny  before  this  first 
magistrate  of  your  Republic  the  two  enclosed  protests,  which  have 
been  just  transmitted  to  me  by  the  Consuls  of  the  Republic  of 
France  at  New- York  and  Philadelphia.     You  will  see  therein,  that 
these  officers  complain  that  French  prizes,  the  jurisdiction  of  which 
belongs  exclusively  to  the  consular  tribunals,  have  been  seized  in 
these  two  ports  by  orders  of  the  President.     I  expect  from  the 
equity  of  the  Federal  Government,  sir,  the   immediate  redress  of 
these  irregularities,  and  I  venture  to  hope,  also,  that  the  President 
would  be  pleased  to  examine,  again,  the  affair  of  the  ship  Republi- 
can of  New- York,  and  consider,  whether  (independent  of  the  right 
which  we  have  to  fit  out  privateers)  any  of  the  expressions  used  by 
Consul  Hauterive  to  reclaim  the  giving  up  of  the  seizure,  made  of 
that  vessel,  proves  that  she  has  been  armed  for  this  purpose.    The 
citizen  Hauterive  has  clearly  shown,  on  the  contrary,  that  she 
was  armed  by  Frenchmen  at  the  time,  when  the  most  religious  of 
all  duties  prompted  them  to  fiy  from  all  parts  of  the  world  to  the 
succour  of  their  country,  and  to  fulfil   towards  her  those  duties, 
to  which  the  Americans  would  be  equally  bound,  if  we  had   not 
the  desire  to  leave  to  their  wisdom  and  their  honour  the  um- 
pirage of  their  conduct.     It  is  incontestable,  that  the  treaty  of  com- 
merce (art.  22d)  expressly  authorizes  our  arming  in  the  ports  of  the 
United  States,  and  interdicts  that  privilege  to  every  enemy  nation. 
Besides,  this  act  forms  but  a  part  of  our  conventional  compacts,  and 
it  is  in  them,  collectively,  that  we  ought  to  seek  contracts  of  alli- 
ance and  of  commerce,   simultaneously  made,  if  we  wish  to  take 
their  sense,  and  interpret,  faithfully,  the  intentions  of  the  people, 
who  cemented  them,  and  of  the  men  of  genius,  who  dictated  them. 
If  you  cannot  protect  our  commerce  and  our  colonies,  which  will, 
in  future,  contribute  much  more  to  your  prosperity  than  to  our  own, 


CONVENTION    Or     1800    WITH    FRANCE. 


309 


at  least,  do  not  arrest  the  civisim  of  your  own  citizens,  do  not  ex- 
pose them  to  a  certain  loss  hy  obliging  Ihem  to  go  out  of  your 
ports  unarmed.  Do  not  punish  the  brave  individuals  of  your  na- 
tion.^ who  arrange  themselves  under  our  banner,  knowing  perfectly 
well,  that  no  law  of  the  United  States  gives  to  the  government  the 
said  power  of  arresting  their  zeal  by  acts  of  rigour.  The  Ameri< 
cans  are  free,  they  are  not  attached  to  the  glebe,  like  the  slaves  of 
Russia,  they  may  change  their  situation,  when  they  please,  and  by 
accepting  at  this  moment  the  succour  of  their  arms,  in  the  habit 
of  trampling  on  tyrants,  we  do  not  commit  the  plagiat,  of  which 
you  speak.  The  true  robbery,  the  true  crime,  would  be  to  en- 
chain the  courage  of  these  good  citizens,  of  these  sincere  friends 
to  the  best  of  causes. 

"  I  am  ignorant,  sir,  of  the  constitutional  Judges,  to  whom  the 
Federal  government  appear  to  have  it  in  contemplation  to  refer 
the  different-questions  of  public  right,  which  have  arisen  between 
us;  but  it  appears  to  me,  that  these  judges  can  be  looked  upon 
only  as  counsellors,  since  no  particular  tribunal  has  the  right  or 
power  to  interpose  between  two  nations,  whose  only  arbiters,  ivhen 
they  have  a  sincere  desire  to  live  fraternally  and  amicably  together, 
must  be,  in  the  present  state  of  human  societies,  good  faith  and 


reason. 


« 


Various  violations  of  our  sovereignty  were  at  this  time 
committed  by  French  cruisers,  and  equally  of  our  jurisdic- 
tion by  French  consulates.  The  government,  however,  con- 
ducted itself  with  steadiness  and  firmness;  and  the  vessels, 
thus  illegally  taken  and  coiulcmned,  wherever  they  could  be 
reached,  were  restored. 

The  language  of  M.  Genet  was,  also,  unbecoming  and  ex- 
ceptionable. The  following  passages,  extracted  from  a  letter 
of  Mr.  Jefferson,  the  Secretary  of  State,  are  especially  obnox- 
ious to  censure.  -We  have  thought  it  necessary  to  mention 
them,  as  the  recall  of  M.  Genet  was  solicited  by  this  govern- 
ment. The  reader  will  be  satisfied,  we  believe,  that  it  was 
not  done  without  abundant  reasor^. 

"  The  philosophical  principles  proclaimed  by  the  President. 

"  This  refusal  tends  to  accomplish  the  infernal  system  of  the  king 
of  England,  and  of  the  other  kings,  his  accomplices,  to  destroy  by 
famine  French  freemen  and  freedom. 


310 


CONVENTION  OF  1800  WITH  FRANCE. 


"  That  the  secretary  of  war,  to  whom  I  communicated  the  wish 
of  our  governments  of  the  Windward  Ishinds,  to  receive  promptly 
some  cannon  and  some  fire  arms,  which  might  put  into  a  state  of 
defence  possessions,  guarantied  by  the  United  States,  had  the  front 
to  answer  me,  with  an  ironical  carelessness,  that  the  principle!*, 
established  by  the  President,  did  nut  permit  him  to  send  us  so  much 
as  a  pistol.  ;  •  .  ;^  = 

"  In  vain  the  desire  to  preserve  peace  leads  you  to  sacrifice  the 
interests  of  France  to  this  interest  of  the  moment,  in  vain  the  thirst 
of  riches  preponderates  against  honour  in  the  political  balance  of 
America ;  all  this  management,  all  these  condescensions,  all  this 
humiliation,  end  in  nothing.  Our  enemies  laugh  at  it,  and  the 
French,  too  confident,  are  punished  for  having  believed,  that  the 
American  nation  had  a  flag,  that  it  had  some  respect  for  its  laws, 
some  conviction  of  its  force,  and  that  it  had  some  sentiment  of  its 
dignity.  It  is  not  possible  for  me  to  paint  to  you  all  my  sensibility 
at  this  scandal,  which  tends  to  the  diminution  of  your  commerce, 
to  the  oppression  of  ours,  and  to  the  debasement  and  vilification  of 
republics. 

"  If  our  fellow  citizens  have  been  deceived,  if  you  are  not  in  a 
condition  to  maintain  the  sovereignty  of  your  people,  speak !  we 
have  guarantied  it,  when  we  were  slaves.  We  know  how  to  ren- 
der it  respectable,  being  free."* 

The  pretensions  of  the  French  Envoy,  coupled  with  the 
mode  in  which  they  were  asserted,  not  only  to  the  govern- 
ment but  even  to  the  people,  made  it  at  last  absolutely  neces- 
sary that  an  application  for  his  /eeall  should  be  transmitted. 
The  American  minister  at  Versailles  was,  accordingly,  direct- 
ed, in  the  month  of  August  '93,  to  request  that  a  successor 
might  be  appointed.  M.  Genet  was  recalled  with  an  expres- 
sion of  the  disapprobation  of  his  government,  and  about  the 
same  time,  the  recall  of  Gouverneur  Morris  was,  also,  solicit- 
ed. To  this  the  American  Executive  acceded.  He  was  re- 
placed by  Mr.  Monroe,  and  M.  Fauchet  succeeded  M.  Genet. 
It  is  proper,  however,  to  gay  that  in  consequence  of  intelli- 
gence having  been  received  that  M.  Genet  was  fitting  out  two 

*  Anglophobists,  or  Anglomcn,  was  the  term  employed  by  M.  Genet, 
to  designate  the  determined  friends  of  the  neutral  policy. 


I  the  wish 
promptly 
a  state  of 
I  the  front 
irinciples, 
IS  so  much 

crifice  the 
1  the  thirst 
balance  of 
IS,  all  this 
t,  and  the 
d,  that  the 
ir  its  laws, 
nent  of  its 
sensibility 
commerce, 
lification  of 

re  not  in  a 
speak !  we 
lovv  to  ren- 

with  the 
je  govein- 
ely  neces- 
lansmitted. 
;ly,  direct- 
successor 
n  expies- 
about  the 
so,  solicit- 
e  was  re- 
iM.  Genet, 
of  intelli- 
ig  out  two 

M.  Genet, 


CONVENTION  OF  1800  WITH  FRANCE. 


311 


expeditions  in  the  territory  of  the  United  States  against  Spain, 
the  government  determined  to  suspend  his  fun-  'ions  within  — 
days,  unless  one  or  the  other  house  of  Congress  should  not  think 
it  advisable.  Congress  obviously  had  nothing  to  do  with  this 
business.*  ->'.;■>,'■■"-:■,.-;;■- 

■  We  noay  be  permitted  in  this  place  to  make  a  remark  or  two 
on  the  conduct  of  the  French  envoy.  The  circumstances  of 
the  times,  and  the  fact  that  his  recall  was  the  first  exercise  of 
that  sort  of  power  by  the  government,  give  more  than  usual 
importance  to  his  case.  M.  Genet  did  the  cause  of  the  Revo- 
lution a  serious  injury  in  America.  His  intemperate  language, 
his  extraordinary  communications,  irritated  the  government, 
and  alarmed  the  grave,  thinking  part  of  the  nation.  No  nego- 
tiations could  b"  held  with  him,  and  though  his  appearance 
here  awakened  a  prodigious  popular  feeling,  as  the  presence 
of  any  other  minister  from  the  "  Republic"  would  have  done, 
we  have  no  doubt  but  that  his  public  deportment  soon  pro- 
duced a  serious  reaction,  fatal,  indeed,  to  the  expectations  of 
the  National  Convention.  Never  was  one  nation  more  dis- 
posed to  unite  with  another,  than  was  America  with  France. 
M.  Genet's  violence,  and  deplorable  ignorance,  or  as  lamenta- 
ble indifference  of  indispensable  diplomalic  forms,  raised  a 
great  party  against  him,  who,  to  say  the  least,  would,  under 
other  circumstances,  have  remained  neutral.  They  came 
forward  to  maintain  the  d'  ,nity  of  an  administration,  whoso 

*  M.  Genet  (sometimes  written  in  tlic  MonitPtn*  Genesl)  was  ap- 
pointed, early  in  tiic  Revolution,  ;i  Cliargi'^  to  St.  Potcrsl)iirg  ;  l)iit  llio 
Empress  refiiseci  to  receive  him.  lie  then  wont  to  llolhnul,  luul  was 
subsequently  appointed  to  the  United  States.  Sonietiinc  in  tiie  year 
'93,  lie  appears  to  iiavebeen  dcnonnced  at  the  society  of  "Jacobins"  in 
Paris,  for  having  embroilled  (broiiiile)  iiis  government  "  with  Wash- 
ington." No  one  will  hesitate  to  acoorfl  to  this  minister  a  vigorous, 
acute  and  ready  mind.  Making  a  suitable  allowance  for  the  beat  and 
taste  of  the  times,  much  of  his  correspondence  is  composed  with  force 
and  eloquence  ; — a  similar  expression  of  ajiplause  is,  also,  justly  due 
to  that  of  M.  Adet,  one  of  his  ^•u^cessors.  M.  Genet,  by  the  aid  of  his 
appearance,  manners  and  cause,  produced  an  extreme  sensation  in  this 
country.  Before  the  revolution  ho  was  first  secretary  to  the  board  of 
interpreters  in  the  department  of  foreign  afluirs. 


312 


CONVENTION  OF  1800  WITH  FRANCE. 


duties  were  interpreted  and  even  dictated  hy  a  foreign  func- 
tionary— to  preserve  the  country  from  a  war,  into  which  they 
were  about  to  be  involved  without  the  consent  and  almost  the 
knowledge  of  their  own  rulers.      This  state  of  things,  also, 
brought  out  with  zeal,  activity  and  firmness  all  those  men, 
who  had  been  concerned  in  establishing  the  Federal  Consti- 
tution.    The  work,  so  recently  completed,  was  in  jeopardy. 
Part  of  the  danger  arose  from  the  steps  taken  by  the  French 
envoy ;  and  it  was  unavoidable,  but  that  a  part  of  their  op- 
position should  be  directed  against  him  and  his  cause.      A 
large  portion  of  this  party  became  opposed  to  the  Revolu- 
tion, urged  by  apprehensions  fur  the  constitution.     In  truth, 
the  reaction,  caused  by  M.  Genet's  intemperance  and  vio- 
lence, was  one  of  the  circumstances  that  enabled  the  govern- 
ment to  support,  in  a  tolerably  efficient  manner,  its  system  of 
neutrality.      If  he  had  conducted  himself  with  the  discretion 
and  propriety  of  his  successor,  M.  Fauchet,  it  is  in  some  de- 
gree doubtful  whether,  with  all  the  advantages  derived  from 
the  personal  character  of  the  President  and  the  talents  of  the 
Cabinet,*  the  administration  would  not  have  been  compelled 
to  recede.  '  -^ 

At  the  time  of  his  appointment,  Mr.  Monroef   was  in  op- 

*  Mr.  Adams  was  then  Vice  President,  and  Mr.  Jefferson  and  Mr. 
Hamilton  were  botli  in  the  Cabinet.  The. country  lias  never  seen  a 
more  powerful  administration.         -       '-     . 

t  Rlr.  Monroe  was  received  and  accredited  in  the  bosom  of  the  Na- 
tional Convention.  The  President  was  directed  to  give  him  the  fra- 
ternal embrace,  in  token  of  the  friendship  that  existed  between  France 
and  America.  "The  Minister  entered  the  hall  amidst  the  cries  of 
•  Vive  la  Kepublique  ;'  and  the  President  having  announced,  that  Mr. 
Monroe  spoke  only  the  English  language,  one  of  the  secretaries  of  the 
Convention  was  ordered  to  read  a  translation  of  the  discourse  the  Minis- 
ter bad  prepared." — Monileur.  The  address  of  Mr.  Monroe  is  plain, 
sensible,  and  appropriate  to  the  occasion.  But  the  answer  of  the  Pre- 
sident was  rhetorical  in  the  extreme,  and  concluded  with  this  expres- 
sion— "  Why  shotdd  I  delay  to  confirm  this  friendship  by  the  fraternal 
«nd)race  I  am  directed  to  give  you  in  the  name  of  the  French  people. 
Come  and  receive  it  iu  the  name  of  the  American  people,  and  may  this 
scene  destroy  the  last  hope  of  the  impious  hand  of  tyrants."     "  The 


ii:    X 


CONVENTION  OF  1800  WITH  FRANCE. 


313 


n  func- 
ch  they 
lost  the 
;s,  also, 
e  men, 
Consti- 
opardy. 
French 
beir  op- 
ise.     A 
Revolu- 
n  truth, 
md  vio- 
govern- 
ystem  of 
iscretion 
iome  de- 
^ed  from 
its  of  the 
jmpelled 

as  in  op- 

and  Mr. 
[er  seen  a 

?f  tlie  Na- 
the  fra- 
511  France 
cries  of 
that  Mr. 
lies  of  the 
[he  Minis- 
is  plain, 
'  the  Pre- 
Is  expres- 
1  fraternal 
Ih  people. 
\  may  this 
«  The 


position  to  the  administration,  and,  being  in  the  Senate  of 
the  United  States  from  Virginia,  had  taken  an  active  part  in 
resisting  some  of  the  principal  measures  of  the  cabinet,  par- 
ticularly the  nomination  of  Mr.  Gouverneur  Morris  to  France, 
and  of  Mr.  Jay  to  London.     The  appointment  was,  there- 
fore, unexpected  to  him,  but  the  manner,  in  which  he  con- 
ducted the  negotiations  of  the  country  abroad,  was  not  satis- 
factory to  President  Washington.     We  believe  this  is  the 
only  considerable  nomination  in  our  history  of  an  individual, 
decidedly  hostile  to  the  administration,  and  as  there  was,  at 
that  period,  great  party  heat,  the  policy  of  the  measure  must 
be  regarded  as  exceedingly  doubtful.     We  do  not  mean,  as 
it  relates  to  the  interest  of  either  party,  but  solely  in  refe- 
rence to  the  political  system  of  the  administration.      A  citi- 
zen, publicly  and  resolutely  opposed  to  every  measure  of  a 
Cabinet,  is  still  employed  by  that  Cabinet  in  important  and 
confidential   business !     peculiar    and    strong    circumstances 
must,  indeed,  exist  to  make  such  an  appointment  either  judi- 
cious, necessary,  or  salutary.      In  this  particular  instance  the 
experiment  failed.     And  even  before  Mr.  Monroe  left  the 
country,  the  instructions  of  the  Secretary  of  State  furnish  pU 
the  proof  possible,  that  this  envoy   extraordinary  and  min- 
ister plenipotentiary,  despatched,  to  say  the  least,  upon  the 
second   most  important  mission  in   the  gift  of  the  govern- 
ment, did   not  even  possess  the  confidence  of  that  govern- 
ment.     Other  instructions  sent  to  him,  while  abroad,  also, 
«how  that  he  never  succeeded  in  securing  that  confidence. 
And,  at  last,  he  was  recalled  with  the  displeasure  of  the  ad- 
ministration.     In  the  peculiar  state   of  parties  and  of  the 
country  at  the  time,  the  Cabinet  appears  to  have  committed 
an  error  in  recommending  this  appointment,  though  it  was 
made  for  the  sake  of  rendering  an  acceptable  service  to  the 
French   government,   displeased   with   the  conduct   of  Mr. 
Morj-is.* 

Minister  was  conducted  to  the  President,  who  gave  the  kiss  and  em- 
brace in  the  midst  of  universal  acclamations  of  joy,  delight,  and  admi- 
ration."—A/o»i7eur  year  2,  Ao.  329. 

*  The  following  is  part  of  an  instruction  to  Mr.  Monroe,  from  the 

VOL.   I.  40 


314 


CONVENTION  OF  1800  WITH  FRANCE. 


The  mission  of  Mr.  Jay  to  England  caused  great  uneasi- 
ness  in  France,  in  which  Mr.  Monroe  fully  participated, 
having,  himself,  no  special  instructions  on  that  head,  and  the 
only  information,  with  which  he  was  intrusted  by  the  gov- 
ernment, leading  him  to  suppose  that  the  object  of  the  enar 
bassy  was  not  of  much  consequence,  and  could  not  disturb 
the  relations  of  this  country  with  France,  though,  at  that 
time,  by  no  means,  of  the  most  settled  or  friendly  descrip- 
tion. But  the  reports,  that  reached  Paris,  were  of  a  different 
character,  and  at  variance  with  the  representations  of  the 

Secretary  of  State,  dated  Philadelphia,  June  1794,— the  turn  of  ex- 
pression of  the  first  paragraph  is  somewhat  peculiar.  "  You  have 
been  nominated  as  the  successor  of  Mr.  Gouverneur  Morris,  in  the  of- 
fice of  minister  plenipotentiary  of  the  United  States  of  America  to  the 
Republic  of  France,  from  a  confidence,  that,  while  you  keep  stjadily 
in  view  the  necessity  of  rendering  yourself  acceptable  to  that  govern- 
ment, you  will  maintain  the  self  respect  due  to  your  own." — "  We 
have  pursued  neutrality  with  faithfulness  ;  we  have  paid  more  of  our 
debt  to  France  than  was  absolutely  due,  as  the  Secretary  of  the 
Treasury  asserts,  and  we  should  have  paid  more  if  the  state  of  our  af- 
fairs did  not  require  us  to  be  prepared  with  funds  for  the  possible 
event  of  war.  We  mean  to  continue  the  same  line  of  conduct  in  fu- 
ture, and  to  remove  all  jealousy  with  respect  to  Mr.  Jay's  mission  to 
London,  you  may  say,  that  he  is  positively  forbidden  to  weaken  the 
engagements  between  this  country  and  France.  It  ia  not  improbable, 
that  you  will  be  obliged  to  encounter  on  this  head,  suspicions  of  various 
kinds.  But  you  may  declare  the  motives  of  that  mission  to  be,  to  obtain 
immediate  compensation  for  our  plundered  property,  and  restitution  of  the 
posts. 

"  Should  you  be  interrogated  about  the  Treaty  of  Commerce,  you 
may  reply  that  it  has  never  been  proposed  to  us  by  M.  Fauchet.  As 
to  any  thing  else  concerning  it,  you  will  express  yourself  not  to  be  in- 
structed, it  being  a  subject  to  be  negotiated  with  the  Government 
here. 

*'  In  like  manner,  if  a  treaty  of  alliance,  or  if  the  execution  of  the 
guaranty  of  the  French  Islands  by  force  of  arms,  should  be  proposed, 
you  will  refer  the  Republic  of  France  to  this  side  of  the  water.  In 
short,  it  is  expected,  with  a  sure  reliance  on  your  discretion,  that  you 
■will  not  commit  the  United  States  by  any  specific  declaration,  except 
where  you  are  particularly  instructed,  and  except,  too,  in  giving  testi- 
mony of  our  attachment  to  their  cause."  .: 


CONVENTION   OP    1800   WITH   FRANCE. 


315 


uneasi- 
ipated, 
and  tbe 
e  gov- 
he  eiUT 
disturb 
at  that 
lescrip- 
lifferent 
of  the 

rn  of  ex- 
ou  have 
in  the  of- 
ca  to  the 
)  stjadily 
t  govern- 

»» «« We 

re  of  our 
y  of  the 
of  our  af- 

possible 
uct  in  fu- 
lission  to 
nken  the 

.probable^ 
various 

to  obtain 

ion  oj"  the 

srce,  you 
^het.    As 
to  be  in- 
ternment 

in  of  tbe 
>roposed, 
Iter.  In 
1  that  you 
1,  except 
ing  testi- 


American  minister.  His  position  was  certainly  an  awkward, 
embarrassed  one,  and  it  was  not  a  gracious  proceeding  to 
withhold  from  him  the  real  purpose  of  Mr.  Jay's  mission, 
and  at  the  same  time,  instruct  him  to  make  assurances  to 
the  Directory,  which  must  have  left  an  impression  unfavour- 
able to  the  American  minister  and  his  government.  .  In 
January  1796,  Mr.  Monroe  wrote  in  these  terms  to  the  Sec- 
retary of  State  : 

"  After  my  late  communications  to  the  committee  of  public  safe- 
ty, in  which  were  exposed  freely  the  objects  of  Mr.  Jay's  mission 
to  England,  and  the  real  situation  of  the  United  States  with  Great 
Britain  and  Spain — I  had  reason  to  believe,  that  all  apprehension 
on  those  points  was  done  away,  and  that  the  utmost  cordiality  had 
now,  likewise,  taken  place  in  that  body  towards  us." — ^^  I  am 
sorry,  however,  to  add  that,  latterly,  this  prospect  has  been  cloud- 
ed by  accounts  from  England,  that  Mr.  Jay  had  not  only  adjusted 
the  points  in  controversy,  but  concludtid  a  treaty  of  commerce  with 
that  government ;  some  of  these  accounts  state,  that  he  had,  also, 
concluded  a  treaty  of  alliance  offensive  and  defensive.  As  I  know 
the  baneful  effect,  which  these  reports  would  produce,  I  deemed 
it  my  duty,  by  repeating,  what  I  had  said  before  of  his  powers,  to 
use  my  utmost  endeavours  informally  to  discredit  them." — "  As  1 
had  just  before  received  a  letter  from  Mr.  J»y,  announcing  that  he 
had  concluded  a  treaty,  and  which  contained  a  declaration,  that  our 
previous  treaties  should  not  be  affected  by  it,  I  thought  it  fit  to 
make  his  letter  the  basis  of  my  reply." 

'^  I  cannot  admit  for  a  moment,  that  Mr.  Jay  has  exceeded 

his  powers,  or  that  any  thing  has  been  done,  which  will  give  just 
cause  of  complaint  to  this  Republic :  1  lament,  however,  that  he 
has  not  thought  himself  at  liberty  to  give  me  correct  information 
in  that  respect,  for,  until  it  is  known  that  their  interest  has  not 
been  wounded,  the  report  will  certainly  keep  alive  suspicion, 
which  always  weakens  the  bonds  of  friendship.  I  trust,  therefore, 
you  will  deem  it  expedient  to  advise  ros  on  this  head,  as  soon  as 
possible." 

While  harassed  by  a  want  of  information,  he  received  a 
short  letter,  dated  London,  Feb.  19,  1795,  from  Mr.  Jay, 


i^ 


316 


CONVENTION  OF  1800  WITH  FRANCE. 


that  did  not  remove  a  single  difficulty,  by  which  he  was  op- 
pressed. 

"  On  the  6th  of  the  month,  1  had  the  honour  of  writing  to  you  a 
letter,  in  answer  to  your's  of  the  17th  ultimo,  by  Mr.  Purvinnce, 
who  is  still  here,  waiting  for  an  opportunity  to  return,  and  who 
will  be  the  bearer  of  that  letter." 

"  You  will  receive  this  by  Colonel  Trumbull,  who,  for  some 
time  past,  has  been  waiting  for  an  opportunity  to  go  through  Paris 
to  Stutgard  on  private  business  of  his  own.  He  did  me  the  favour 
to  accompany  me  to  this  country  as  my  secretary.  He  has  been 
privy  to  the  negotiation  of  the  treaty  between  the  United  States 
and  Great  Britain,  which  I  have  signed,  and  having  copied  it,  is 
perfectly  acquainted  with  its  contents.  He  is  a  gentleman  of  hon- 
our, understanding  and  accuracy,  and  able  to  give  you  satisfactory 
information  relative  to  It.  1  have  thought  it  more  advisable  to  au- 
thorize and  request  him  to  give  you  this  information  personally, 
than  to  send  you  written  extracts  from  the  treaty,  which  might  not 
be  so  satisfactory.  But  he  is  to  give  you  this  information  in  per- 
fect confidence  that  you  will  not  impart  it  to  any  person  whatever, 
for,  as  the  treaty  is  not  yet  ratified,  and  may  not  be  finally  con- 
cluded in  its  present  form  and  tenor,  the  inconveniences,  which  a 
premature  publication  of  its  contents  might  produce,  can  only  be 
obviated  by  secrecy.  In  the  mean  time,  I  think  myself  justifiable 
in  giving  you  this  information  in  question,  because  you  are  an 
American  minister,  and  because  it  may  not  only  be  agreeable  but 
perhaps  useful." 

In  making  some  remarks  on  this  letter   and  affair,  Mr. 
Monroe  observes, 

"  A  few  days  after  this,  I  was  favoured  with  a  letter  from  Mr. 
Hitchborne,  an  American  gentleman  of  character  here  (from  Mas- 
sachusetts) of  which  I  enclose  you  a  copy,  stating  the  contents  or 
outlines  of  the  treaty  in  question,  as  communicated  to  him  by 
Colonel  Trumbull,  with  a  view  that  he  might  communicate  the 
same  to  me  for  the  information  of  this  government.  I  was  sur- 
prised at  this  incident,  because  I  could  not  suppose  that  Colonel 
Trumbull  would  take  this  step,  or  any  other  without  the  instruc- 
tion of  Mr.  Jay,  and  it  seemed  to  me  extraordinary,  that  Mr.  Jay 
should  give  such  an  instruction,  or  mark  to  him  such  aline  of  con- 


1' 


comrEirrioN  of  1800  with  franck. 


317 


vas  op- 

to  you  a 
rviance, 
and  who 

or  some 
gh  PariH 
e  favour 
tas  been 
id  States 
lied  it,  is 
n  of  hon- 
tisfactory 
ble  to  au- 
irsonally, 
might  not 
n  in  per- 
irhatever, 
ally  con- 
,  which  a 
n  only  be 
Ijustitinble 
u  are  an 
cable  but 

lir,  Mr. 

Ifrom  Mr. 

'om  Mas- 

Intenta  or 
him  by 
:ate  the 

Iwas  sur- 

Colonel 

instruc- 

Mr.  Jay 

of  con- 


duct. I  was  not  surprised  that  Colonel  Trumbull  should  confide 
the  purport  of  the  treaty  to  Mr.  Hitchborne,  for  he  merited  the 
confidence,  but  I  was  surprised  that  Mr.  Jay  should  write  me  it 
was  to  be  communicated  to  ine  only  as  a  public  minuter,  ^c,  to 
be  imparted  to  no  one  else,  and  that  Colonel  Trumbull,  however 
deeply  impressed  he  might  be,  after  his  arrival  here,  with  the 
propriety  of  removing  the  doubts  of  this  government  upon  that 
point,  should  consider  himself  at  liberty  to  communicate  the  same 
to  a  third  person,  to  be  communicated  to  me  under  no  injunction 
whatever.  I  was,  however,  possessed  of  the  paper  in  question, 
and  it  was  my  duty  to  turn  it  to  the  best  account  for  the  public  in- 
terest, that  circumstances  \vouUl  now  admit  of.  It  was,  it  is  true, 
the  most  informal  of  all  informal  communications,  and  one,  of 
course,  upon  which  no  official  measure  could  be  taken,  yet  the 
character  of  the  parties  entitled  it  to  attention.  Upon  mature  re- 
flection, therefore,  and  the  more  especially,  as  I  did  not  wish  to 
meet  the  committee  again  on  that  point,  until  I  heard  from  you,  lest  I 
should  be  questioned,  why  this  new  mode  of  diplomatic  proceeding 
was  adopted,  I  thought  it  best  to  send  the  paper  in  by  my  secreta- 
ry, Mr.  Gouvain  (a  young  gentleman,  who  has  acted  with  me  since 
the  provisional  nomination  of  Mr.  Skipwith  to  the  consulate)  in- 
structing him  to  assure  the  members  on  my  part,  that  they  might 
confide  in  the  credibility  of  the  parties.  The  paper  was  present- 
ed to  M.  Merlin  de  Douay,  with  the  comments  suggested,  and 
since  which,  I  have  neither  heard  from  the  committee,  Colonel 
Trumbull  or  Mr.  Jay  on  the  sulject." 

M.  Fauchet  arrived  in  February  '94,  in  this  country.  The 
consuls,  having  assumed  admiralty  powers,  and  having,  in 
other  respects,  interfered  with  the  exercise  of  the  laws,  the 
exequaturs  of  several  were  withdrawn.  One  of  the  most 
striking  violations  of  the  sovereignty  of  the  country  occurred 
in  the  case  of  M.  Duplaine,  vice  consul  of  France  at  Boston. 
This  individual,  in  August  '93,  assisted  a  party  of  armed 
men  from  the  frigate,  La  Concorde,  then  lying  in  Boston 
harbour,  to  rescue  a  schooner,  called  the  Greyhound,  taken 
by  a  French  privateer,  from  the  hands  of  an  officer  of  the 
United  States'  Court.* 


*  « 


George  Washington,  President  of  the  United  States  of  America, 


318 


CONVENTION    OF     1800    WITH    FRANCE. 


M.  Fauchct,  instructed  to  renew  the  applications  made  hy 
M.  Genet,  for  an  alliance,  or  a  guaranty  of  the  islands  in  the 
West  India  seas,  or  for  aid  in  money,  munitions  and  naval 
stores, — was  principally  engaged,  during  the  short  time  he 
remained  in  the  country,  in  remonstrating  against  the  deci- 
sions of  our  courts,  in  relation  to  prizes  taken  by  French 
privateers,  or  in  soliciting  the  interposition  of  the  executive. 
That  part  of  the  constitution,  which  separates  the  executive 
from  the  judicial  authority,  could  have  been  but  little  under- 
stood by  the  ministers,  sent  to  America,  by  the  European 
states,  during  the  first  years  of  the  government,  as  it  appears 

to  all  whom  it  may  concern : — The  Sicur  Antoine  Cliarbonnet  Du- 
plaine,  heretofore  having  produced  to  nie  his  commission  as  Vice  Con- 
sul for  the  Republic  of  France  within  the  States  of  New  Hampshire, 
Massachusetts,  and  Rhode  Island,  and  having  thereon  received  irom 
me  an  exequatur,  bearing  date  the  5th  duy  of  June  1793,  recognising 
him  as  such,  and  declaring  him  free  to  exercise  and  enjoy  such  func 
tions,  powers  and  privileges  os  are  allowed  to  vice  consuls  of  the 
French  Republic  by  the  laws,  treaties  and  conventions  in  that  case 
made  and  provided  ;  and  the  suid  Sieur  Duplaine  having,  under  colour 
of  his  said  office,  committed  sundry  encroachments  and  infractions  on 
the  laws  of  the  land,  and  particularly  having  caused  a  vessel  to  be 
rescued  with  an  armed  force,  out  of  the  custody  of  an  officer  of  jus- 
tice, who  had  arrested  the  same  by  ])rocess  from  his  court ;  and  it  be- 
ing, therefore,  no  longer  fit  nor  consistent  with  the  respect  and  obedi- 
ence due  to  the  laws,  that  the  said  Sieur  Duplaine  should  be  permitted 
to  continue  in  the  exercise  and  enjoyment  of  the  said  functions,  privi- 
leges and  powers,  these  arc,  therefore,  to  declare,  that  I  do  no  longer 
recognise  the  said  Antoine  Charbonnet  Duplaine,  as  Vice  Consul  of 
the  Republic  of  France  in  any  part  of  these  United  States,  nor  permit 
him  to  exercise  or  enjoy  any  of  the  functions,  powers,  or  privileges 
allowed  to  the  Vice  Consuls  of  that  nation ;  and  that  I  do,  hereby, 
wholly  revoke  and  annul  the  said  exequatur,  heretofore  given,  and  do 
declare  the  same  to  be  absolutely  null  and  void  from  this  day  forward. 
In  testimony  whereof,  I  have  caused  these  letters  to  be  made  patent, 
and  the  seal  of  the  United  States  of  America  to  be  hereunto  affixed. 

"  Given  under  my  hand,  this  day  of  in  the  year 

of  our  Lord  1793,  and  of  the  independence  of  the  United  States  of 
America,  the  eighteenth. 

««  GEORGE  WASHINGTON. 
"  By  the  President : — Th  :  Jefferson." 


CONVENTION  OV     1800  WITH  FRANCE. 


319 


made  by 
ids  in  the 
nd  naval 
t  time  he 
the  deci- 
y  French 
xecutive. 
sxecutive 
le  under- 
Buropean 
it  appears 

lonnet  Du- 
9  Vice  Con- 
tlainpshire, 
;eived  irom 
recognising 
such  func- 
sula  of  the 
I  that  case 
nder  colour 
ractions  on 
vessel  to  be 
icer  of  jus- 
and  it  be- 
and  obedi- 
e  permitted 
ions,  privi- 
no  longer 
Consul  of 
nor  permit 
privileges 
o,  hereby, 
en,  and  do 
y  forward, 
de  patent, 
affixed, 
n  the  year 
States  of 

Iton. 


to  have  been  a  general  belief,  that  the  executive  was  autho- 
rized to  interpose,  and  set  aside  or  direct  the  decisions  of 
the  courts.  M.  Fauchet  made  great  complaints  of  the  viola- 
tion  of  our  neutrality  by  British  cruisers  ;  and,  in  some  in- 
stances, his  complaints  were  well  founded.  British  vessels 
did,  undoubtedly,  equip  in  our  ports,  and  anchor,  with  their 
prizes,  in  our  waters,  particularly  in  Lynnhaven  bay,  and 
other  parts  of  the  Chesapeake.  Foreigners,  and  our  own 
citizens  in  some  cases,  armed  vessels  privately,  for  illegal 
purposes.  But  the  reproaches  uttered  at  this  time  against 
the  government,  and  particularly  the  courts  of  law,  are  en- 
tirely groundless.  Many  intricate  questions  came  before 
those  tribunals;  questions  new  to  them,  and  embarrassed  by 
the  confusion  often  arising  from  the  mixture  of  state  and  na- 
tional sovereignty,  and  entering  very  deeply  into  a  wide  and 
obscure  range  of  neutral  and  belligerent  rights.  It  is,  also, 
right  to  add,  (hat  some  of  the  cases  were  not  divested  of  all 
appearance  of  fraud  and  collusion.  The  just  duties  of  a  neu- 
tral nation  were  occasionally  overlooked  in  the  temptations, 
that  an  evasion  of  the  laws  offered  ;  but  the  decisions  of  the 
courts  were  delivered  with  firmness,  intelligence  and  impar- 
tiality. We  can  now  judge  of  them,  without  any  of  the  ex- 
citement or  predilections  of  that  day.  Every  principle  of 
public  law,  then  touched  upon,  has  been  confirmed  by  the 
whole  practice  of  the  government  to  the  present  hour.  The 
administration,  acting  with  vigour  and  independence,  pro- 
claimed, at  an  early  period,  the  system  by  which  its  conduct 
would  be  regulated.  Steady  and  faithful  to  its  purposes  and 
doctrines,  if  its  neutrality  was  sometimes  violated,  it  is  only 
to  be  attributed  to  the  impossibility  of  executing,  with  a  fee- 
ble naval  force,  its  laws,  on  a  coast,  so  extensive,  where 
deep  and  spacious  bays,  or  inlets,  afforded  shelter  to  the 
vessels  of  the  belligerents.  The  numerous  and  precise  in- 
structions issued  to  its  officers,  its  frequent  communications 
with  the  state  executives,  bear  witness  to  the  solicitude, 
with  which  it  was  animated  to  render  a  full  measure  of  jus- 
tice, according  either  to  treaties  or  public  law,  to  the  differ- 
ent parties,  engaged  m  the   disastrous   war  of  that   period. 


820 


CONTEMTION    OF     1800    WITH    FRANCK. 


The  nation  was  young  and  unconfirmed  ;  it  had  achieved  a 
great  exploit  in  the  separation  from  the  mother  country — so 
greut  indeed,  that  the  necessity  of  further  efforts,  and  even 
denials,  was  not  at  once  apparent ;  the  second  union  was 
just  effected, — hut  the  creation  of  this  government  was,  at 
first,  rather  known  and  felt  in  the  intemperate  reproaches 
and  accusutions  of  the  two  vast  parties,  that  then  mutilated 
and  preyed  upon  it,  than  by  any  well  defined  and  acknow- 
ledged power  and  authority  it  possessed,  either  abroad  or 
within  itself.  The  state  authorities  had  existed  from  the 
foundation  of  the  country ;  they  were  the  governments,  in 
reality,  declared  free  by  the  act  of  July  '76,  and  acknow- 
ledged sovereign  and  independent  by  the  peace  of  '83  ; — 
they  still  continued,  perhaps,  and  with  reason,  more  jealous 
of  their  rights,  from  the  institution  of  another  power  in  the 
midst  of  them.  There  was  no  navy,  no  military  force  ;  and 
(he  government  had  most  difficult  laws  to  execute  in  most 
difficult  times.  It  could  not  prevent  every  violation  of  them ; 
but  it  displayed,  on  all  occasions,  a  fixed  resolution  to  main- 
tain the  faith  of  treaties,  the  principles  of  public  law,  and 
the  dignity  of  the  people. 

The  correspondence  of  M.  Fauchet  with  the  government, 
though  not  free  from  some  peculiarities  in  diplomatic  inter- 
course, bears  the  impression  of  a  more  subdued,  measured 
character,  than  that  of  his  predecessor.  It  does  not  appear, 
that  he  undertook  any  justification  of  the  acts  or  language  of 
M.  Genet ;  nor  are  we  aware  that  any  explanations  were  of- 
fered by  him,  concerning  the  painful  step,  the  administration 
were  compelled  to  take,  in  relation  to  that  individual.'**'     He 

*  A  great  outrage  was  committed  on  the  person  of  M.  Fauchet, 
when  about  to  leave  the  country.  He  had  embarked  on  board  a  small 
vessel  at  Nejv-York,  for  the  purpose  of  going  to  Newport.  This  ves- 
sel, on  her  arrival  in  Newport  harbour,  was  entered  by  an  armed 
party  from  the  Africa,  o  British  man  of  war,  then  lying  there ;  and  a 
forcible  search  made  for  M.  Fauchet,  and  his  papers.  But,  either 
having  received  intelligence  that  the  jurisdiction  of  the  country  would 
be  violated  in  his  own  person,  or  not  choosing  to  trust  himself  so  near 
a  British  armed  vessel,  he  had  taken  the  precaution  to  land  at  a  small 


COKTtWTfON    or    1800- WITH    FRAlfCf!. 


S2\ 


eved  a 
ry — 80 
1   even 
)n  was 
was,  at 
roaches 
utilated 
cknow- 
■oad   or 
om  the 
ents,  in 
icknow- 
'83  ; — 
I  jealous 
T  in  the 
ce  ;  and 
in  most 
)f  them ; 
to  main- 
aw,  and 

^rnment, 
ic  inter- 
heasured 

appear, 
guage  of 
were  of- 
istration 

*     He 

Faucliet, 

[d  a  small 

JThis  ves- 

In   armed 

;  and  a 

It,  either 

[ry  would 

If  so  near 

it  a  small 


was  succeeded  by  M.  Adet,  who  arrived  in  this  country  in 
the  summer  of  '95.  This  minister  was  intrusted,  by  the 
committee  of  public  safety,  with  a  letter  addressed  to  Con- 
gress ;  he  also  brought  with  him  the  colours  of  the  French 
Republic,  which  he  was  instructed  to  present  to  the  United 
States,  as  a  return  for  those  offered  to  the  National  Con- 
vention by  Mr.  Monroe.  The  circumstance  of  his  having 
brought  a  despatch  addressed  to  Congress,  instead  of  the  ex- 
ecutive, the  proper  body,  under  the  constitution,  was  a  cause 
of  offence  and  reproach  with  many.  The  letters,  M.  Fau- 
chet  presented,  under  similar  circumstances,  had  been  refer- 
red, by  a  resolution  of  each  house,  to  the  executive,  with  a 
request  that  they  might  be  answered.  These  proceedings 
were  known  to  the  committee  of  public  safety,  and  answers 
to  them  had  been  received.  A  second  minister,  appearing 
with  a  letter  addressed  to  the  legislative  department,  it  was 
considered,  not  only  as  an  expression  of  censure  on  the  Pre- 
sident, but  as  renewing  an  attempt,  formerly  practised,  to 
produce  jealousies   between    the   branches  of  government; 

port  ill  the  sound,  with  all  his  papers.  No  explanation  having  been 
made  of  this  afluir,  either  by  the  British  Vice  Consul,  (who  knowingly 
transmitted  an  insulting  letter  from  the  British  cnptuin  to  the  govern- 
or of  Rhode  Island)  or  by  Captain  Howe,  the  commander  of  the  Africa, 
the  exequatur  of  the  consul  was  withdrawn,  and  the  vessel  ordered  to- 
leave  tl»e  waters  of  the  United  States. 

•  M.  Fuuchet,  on  his  return  to  France,  published,  in  1797,  a  pamphlet, 
with  this  title, "  Coup  d'coil  sur  I'^tat  actuel  do  nos  rapports  pulitiqucs 
avec  les  Etats  Unis,"  &c.  It  is,  of  course,  a  vindication  of  the  mea- 
sures of  his  own  government,  but  written  with  moderation.  He  ad- 
mits that  M.  Genet  was  indiscreet,  and  t]iat  the  consuls  exceeded  tho 
limits  of  consular  power.  He  attributes  the  prepossessions  of  Wash- 
ington against  the  French,  to  the  death  of  the  King,  the  persecution 
of  his  friend  General  la  Fayette,  and  to  the  supposed  confidential 
conferences  of  a  M.  Talon,  an  agent  of  Louis  XVII.,  sent  secretly  to 
obtain  ai«l  for  the  royal  government.  We  believe  very  little  was  ever 
heard  of  M.  Talon  ;  but,  according  to  M.  Fauchet,  he  has  the  merit  of 
suggesting  to  the  President  the  celebrated  questions  respecting  neu-  " 
trality,  on  which  he  requested  tlio  opinion  of  his  cabinet.  M.  Fau- 
chet, believed  to  be  still  living,  was  employed  in  many  honourable 
stations  by  the  imperial  govcrunient. 

VOL.    I.  41 


322 


CONVENTION  Or  1800  WITH  FRANCE. 


and  as  in  the  nature  of  an  appeal  from  the  decisions  of  aii 
administration,  with  which  the  National  Convention  were  far 
from  being  satisfied.  We  do  not  regard  it  altogether  in  this 
light.  The  French  government  paid  little  attention  to  forms; 
great  changes  had  suddenly  taken  place  in  that  country  ;  and 
their  own  business,  at  home,  was  transacted  in  a  singular 
and  confused  manner.  Their  construction  of  government,  it 
was  easy  enough  to  understand.  It  consisted  of  a  legisla- 
ture, called  the  National  Convention,  a  body  of  a  single 
branch ;  and  a  sort  of  executive,  denominated  the  Commit- 
tee of  Public  Safety.  But  the  exact  and  respective  authori- 
ty and  power  of  these  two  bodies  could  not  be  comprehend- 
ed with  the  same  facility.  They  were  no  where  well  defin- 
ed ;  and  the  style  of  conducting  public  affairs,  at  that  time, 
in  France,  did  not  admit  either  of  much  precision  or  regula- 
rity. The  spirit  of  the  age  was  against  forms.  The  revo- 
lution, itself,  had  been  principally  directed  against  the  artifi- 
cial arrangements  of  society,  and  it  had  done  little  else  than 
destroy  them.  Mr.  Monroe,  the  American  minister,  was, 
of  course,  addressed  to  the  Committee  of  Public  Safety  ;  but 
he  was  received  in  a  full  and  public  meeting  of  the  National 
Convention,  and  the  credentials  of  his  office  were  delivered 
to  the  president  of  that  body.  We  cannot,  therefore,  be 
surprised,  if  the  French  were  neglectful  of  forms  abroad, 
when  thus  indifferent  to  them  at  home.  The  American  go- 
vernment was,  moreover,  a  machine  somewhat  difficult  to  be 
comprehended,  at  the  first  blush,  by  a  foreigner.  The  nice 
division  of  power  into  three  parts  must  have  confounded  a 
Frenchman  in  those  days,  when  the  heated  and  ardent  state 
of  the  public  mind  would,  in  his  own  country,  have  resolved 
them,  with  great  rapidity,  into  one. 

Although  M.  Adet  did  not  abandon  the  original  grounds  of 
complaint — of  violation  of  neutrality,  and  of  predilection 
shown  to  Great  Britain,  by  this  country, — his  attention  was 
principally  occupied  with  the  treaty,  just  then  concluded  by 
Mr.  Jay.  The  government  had  the  uncommon  courtesy  to 
put  into  the  hands  of  his  predecessor  a  copy  of  this  instru- 
ment, obviously  not  for  the  purpose  of  soliciting  remarks  on 


CONTENTION  OF  1800  WITH  FRANCE. 


323 


I  of  anr 
3re  far 
in  this 
forins; 
Y  ;  and 
ingular 
nent,it 
legisla- 

single 
ommit- 
luthori- 
rehend- 

II  defin- 
at  time, 
regula- 
te revo- 
le  artifi- 
Ise  than 
5r,  was, 
5ty  ;  hut 
National 
[elivered 
fore,  be 
abroad, 

ican  go- 

dt  to  be 

he  nice 

mdcd  a 

nt  state 

esolved 

ounds  of 
liieetion 
ion  was 
ided  by 
rtesy  to 
instru- 
arks  on 


it,  but  to  present  him  with  exact  information  concerning 
the  state  of  the  relations  of  America  with  England  ;  and 
as  a  very  forcible  illustration  of  the  extreme  anxiety  felt 
by  the  administration  to  maintain  the  utmost  cordiality  and 
confidence  with  France.  M.  Fauchet,  having  immediately 
left  the  country,  it  fell  to  the  duty  of  M.  Adet  to  go  into 
a  discussion  of  those  principles  of  Mr.  Jay's  treaty,  that, 
in  his  opinion,  affected  the  rights,  secured  to  his  nation  by 
the  treaty  of  '78.  We  have  already  said,  that  the  Na- 
tional Convention  was  exceedingly  mortified,  in  failing  to  in- 
duce the  American  administration,  either  to  furnish  them  aid 
and  supplies  secretly,  or  to  enter  into  an  open  alliance.  But 
the  provisions  of  the  treaty  of  November  '94,  awakened  a 
deep  feeling  of  indignation,  and,  eventually,  of  resentment. 
When  information  of  its  ratification  was  received  in  France, 
the  Executive  Directory  resolved  to  suspend  the  functions 
of  the  French  minister  in  the  United  States,  to  despatch 
a  special  envoy  with  instructions  to  complain  of  the  infrac- 
tions of  the  treaty  of  alliance,  and  to  express  the  deep  dis- 
pleasure of  the  republic  at  the  conduct  of  the  American  gov- 
ernment. From  this  harsh  measure  they  were  induced  to 
recede  by  the  representations  of  Mr.  Monroe.  But  to  that 
instrument  may,  immediately,  be  traced  the  unjust  acts  of 
the  French  government,  that  followed  upon  the  ill  success 
attending  M.  Adet's  negotiation  ;  and  the  partial  state  of  hos- 
tility that  existed,  a  few  months  in  1799,  between  France 
and  the  United  States.  We  shall  give  M.  Adet's  complaints 
in  his  own  words. 

"  Let  the  annnls  of  the  French  revolution  be  opened,  let  the 
minutes  of  that  august  sitting  be  seen,  in  which  the  National  Con- 
vention received  the  minister  of  the  United  States  into  its  bosom  ; 
the  addresses  were  not  studied,  they  sprung  from  hearts  full  of 
affection  for  an  allied  people,  they  breathed  the  feelings  which 
dictated  them,  and  the  American  minister  ibund  himself  in  the 
midst  of  his  friends.  What  joy  did  not  the  American  flag  inspire, 
when  it  waved,  unfurled,  in  the  French  senate  ?  Tender  tears  trickled 
from  each  eye  ;  every  one  looked  at  it  with  amazement.  There, 
said  they,  ia  the  symbol  of  the  independence  of  our  American 


324 


CONVENTION  OF  1800  WITH  FRANCE. 


brethren — behold  there  the  pledge  of  their  liberty !  may  victory 
nlvvays  attend  it — may  it  lead  to  glory  none  but  a  free  and  happy 
people.  These  words,  which  escaped  from  a  thousand  mouths, 
were  the  expression  of  the  sentiments  of  a  whole  nation.  Was  not 
an  American,  to  each  Frenchman,  another  Frenchman  ?  he  was 
more — he  was  a  friend,  and  that  sacred  name,  amidst  civil  dissen- 
sions, was  equally  respected  by  all.  What,  then,  was  done  by  the 
government  ?  It  put  in  question,  whether  it  should  execute  the 
treaties  to  receive  the  agents  of  the  rebel  and  proscribed  princes. 
It  made  an  insidious  proclamation  of  neutrality ;  by  its  chicaneries, 
it  abandoned  French  privateers  to  its  courts  of  justice.  It  eluded 
all  the  advances  made  by  the  republic,  for  renewing  the  treaties 
of  commerce,  upon  a  more  favourable  footing  to  both  nations.  It 
excused  itself,  on  the  most  frivolous  pretexts, — whilst  it  anticipated 
Great  Britain,  by  soliciting  a  treaty,  in  which,  prostituting  its  neu- 
trality, it  sacrificed  France  to  her  enemies, — or,  rather,  looked 
upon  her  as  obliterated  from  the  map  of  the  world — it  forgot  the 
services  she  had  rendered  it,  and  threw  aside  the  duty  of  gratitude, 
as  if  ingratitude  was  an  official  duty.  , 

"  Alas !  time  has  not  yet  demolished  the  fortifications,  with 
which  the  English  roughened  this  country,  nor  those,  the  Ameri- 
cans raised  for  their  defence ;  their  half  rounded  summits  still  ap- 
pear in  every  quarter,  amidst  plains,  on  the  tops  of  mountains. 
The  traveller  need  not  search  for  the  ditch  which  served  to  en- 
compass them ;  it  is  still  open  under  his  feet.  Scattered  ruins  of 
houses  laid  waste,  which  the  fire  had  partly  respected,  in  order  to 
leave  monuments  of  British  fury,  are  still  to  be  found.  Alas  !  the 
soldiers,  who  fell  under  the  sword  of  the  Britons,  are  not  yet  re- 
duced to  dust — the  labourer,  in  turning  up  his  field,  still  draws 
from  the  bosom  of  the  earth  their  whitened  bones ;  while  the 
ploughman,  with  tears  of  tenderness  and  gratitude,  still  recollects, 
that  his  fields,  now  covered  with  rich  harvests,  have  been  moisten- 
ed with  French  blood.  It  was  at  this  moment,  their  government 
made  a  treaty  of  amity  with  their  ancient  tyrant,  the  implacable 
enemy  of  their  ancient  ally.  O !  Americans,  covered  with  noble 
scars!  O!  you,  who  have  so  often  flown  to  death  and  to  victory,  with 
French  soldiers!  you,  who  know  those  generous  sentiments  which 
distinguish  the  true  warrior !  whose  hearts  have  always  vibrated 
with  those  of  your  companions  in  arms !   consult  them  to-day,  to 


CONTENTION   OF    1800   WITH   FRANCE. 


325 


victory 

happy 
mouths, 
kVas  not 
he  was 
[  dissen- 
;  by  the 
iute  the 
princes, 
^aneries, 
t  eluded 

treaties 
ions.  It 
ticipated 
;  its  neu- 
■,  looked 
jrgot  the 
jratitude, 

)ns,  with 
le  Ameri- 
s  still  ap- 
lountaius. 
ed  to  en- 
ruins  of 
order  to 
as  !  the 
yet  re- 
1  draws 
lile  the 
ecollccts, 
moisten- 
vernment 
placable 
th  noble 
ory,  with 
ts  which 
vibrated 
O'day,  to 


know  what  tliey  experience ;  recollect,  at  the  sanae  time,  that,  if 
magnanimous  souls  with  liveliness  resent  an  affront,  they  also  know 
how  to  forget  one.  Let  your  government  return  to  itself;  and  you 
will  still  tind,  in  Frenchmen,  faithful  friends,  and  generous  allies."* 

Much  of  the  correspondeDce  of  M.  Adet  is  liable  to  the 
same  objections,  already  made  to  that  of  M.  Genet.  It  con- 
tained insinuations  respecting  the  government,  and  appeals  to 
the  people  entirely  unjustifiable  and  misplaced  in  a  foreign 
envoy.  But  an  apology  was  found  for  it  in  the  peculiar 
state  of  the  times.  The  Directory  were  exceedingly  dis- 
satisfied with  the  treaty  made  with  England  ;  it  precluded, 
for  the  present,  the  hope  of  an  alliance  with  this  country, 
and  confirmed  the  system  of  neutrality  adopted  in  1793. 
The  remonstrances  of  the  French  ministers,  having  had  no 
effect  on  the  government,  the  treaty  having  been  duly  ratifi- 
ed, and  the  necessary  appropriations  made  to  carry  it  into 
operation,  France  determined  to  show  at  once  not  only  a  seri- 
ous mark  of  its  displeasure,  but  to  strike  an  unexpected 
blow  upon  our  commerce.  In  July  '96  they  decreed  that 
notice  shall,  without  delay,  be  given  "  to  all  neutral  or  allied 
powers,  that  the  Flag  of  the  French  Republic  will  treat  neu- 
tral vessels  either  as  to  confiscation,  as  to  searches  or  capture, 
in  the  same  manner  as  they  shall  suffer  the  English  to  treat 
them."  This  decree  was  a  manifest  violation  of  the  treaty 
of  '78.  The  commerce  of  the  country  had  already  suffered 
exceedingly  from  the  French  since  the  commencement  of  the 
war  ;  but  it  is  not  necessary  to  repeat  here  all  the  decrees, 
issued  either  in  France  or  the  West  Indies,  previous  to  the 
time  Mr.  Monroe  left  this  country.     The  16th  article  of  the 

*  We  do  not  profess  to  be  accountable  for  this  translation.  We 
publish  the  letter  as  we  find  it  in  the  public  papers  of  the  year.  The 
reader  will  perceive,  that  the  warmth  of  the  revolutionary  style  had 
not  at  all  subsided,  though  the  letter  is  not  destitute  of  a  certain  de- 
scription of  eloquence.  In  all  the  correspondence  and  state  papers  of 
the  American  government,  during  the  revolution  of  this  country,  there 
is  scarcely  to  be  found  a  figure  of  speech,  much  less  an  inflammatory 
expression.  The  Declaration  of  Independence,  written  in  the  meridi- 
an heat  of  the  day,  is  a  model  of  simplicity  and  gravity. 


326 


CONVENTION    OF     1800    WITH    FRANCE. 


.  i«;f 


May  9. 


A 


itti' 


Treaty  was  alternately  violated  and   respected  in  the  course 
of  the  year  '93  no  less  than  five  times.'"' 


*  1793.  Feb.  19.  National  Convention  decreed  that  French  colo- 
nies be  opened  to  American  vessels  on  the  same 
terms  as  to  national. — Vessels  arriving  from 
any  ])art  of  the  East  Indies  to  unload  in  any 
port  of  the  Republic.  '  '. 

Neutral  vessels,  laden  with  provisions,  bound  to 
an  enemy's  port,  should  be  brought  in. 
May  28.  This  decree  repealed  as  it  respected  American 

vessels.  ,.,) 

May  28.  Again  enforced  on  certain  conditions. 
July  1.     Again  repealed  as  on  the  23d  of  May. 
July  27.  Decree  of  May  9  again  enforced. 
Nov.  18.  Merchandise  in  neutral  vessels,  belonging  to  the 
enemy,  liable  to  seizure,  till  French  merchan- 
dise, similarly  situated,  shall  be  ejT'-  ipted. 
Jan.  3.     Decree  of  November  repealed. 
March  2.  Enemy's  property  on  board  neutral  vessels  again 

liable  to  capture.  ,.  ., 

Jan.  18.  The  cargo  determined  the  character  of  the  ves- 
sel.    Vessels  at  sea,  having  merchandise  from 
'-'■'"■  British  ports,   declared  good  prize.       Vessels, 

''-^'■*''-  'I  having  entered  a  British  port,  excluded  from 

';  the  French. 

{       1799.     Oct.  29.  Every  person,  a  native  of  a  neutral  state,  or  one 

in  amity  with  France,  holding  a  commission 

.;,,    ■,;,-,    .,  .  from  the  enemies  of  France,   or  serving  on 

,  ^^  board  their  vessels,  declared  a  pirate. 

Nov.  14.  Decree  of  Oct.  29  suspended. 
^  This  is  a  brief  summary  of  the  decrees  promulgated  by  the  French 
government  from  1793  to  1799,  to  whicli  we  shall  add  the  decrees  of 
French  agents  in  the  W.  Indies. 

1797.     Feb.  1.    Neutrals  bound   to  all  islands  in  possession  of 
English,  or  defended  by  emigrants,  liable  to 
capture. 
Aug.   1.  Horses  declared  contraband. 
Nov.  27.  Vessels,  going  to  or  coming  from  British  ports, 
subject  to  capture. 
The  French  ministry  complained  very  much  of  the  purchase  of 
horses  by  the  English  for  the  West  Indies.     Horses  are  contraband  of 


1794. 


1795. 
1797. 

1798. 


VA'/' 


7* 


e  course 


ench  colo- 
n  the  same 
ving  from 
jad  in  any 

I,  bound  to 
in.  '  •> 

American 

ging  to  the 
I  nierchan- 
ipted. 

issels  again 

jf  the  ves- 

ndise  from 

Vessels, 

uded  from 

ate,  or  one 
ommisijion 
erving  on 
e. 

the  French 
1  decrees  of 

^session  of 
liable  to 


|itish  ports, 

irchase  of 
itraband  of 


CONTENTION  OF  1800  WITH  FRANCB. 


327 


T  Charles  Cotesworth  Pinckney,  of   South   Carolina,   was 
appointed  in  1796  Minister  Plenipotentiary  to  France.      He 
arrived   in   that   country  in   December    of  the   same    year, 
and  delivered  Mr.  Monroe  the  following  letter  from  the  Sec- 
retary of  State.     "  General  Pinckney  will  be  the  bearer  of 
this  letter.     He  is  to  succeed  you  as   the  Minister  Plenipo- 
tentiary of  the  U.  States  with  the  French   Republic.     The 
claims  of  the  American  merchants  on   the  French  Republic 
are  of  great  extent,  and  they  are  waiting  the  issue  of  them, 
through    the    public   agents,    with    much  impatience.       Mr. 
Pinckney  is  particularly  charged  to  look  into  this  business,  in 
which    the  serious  interests  and,  in   some  cases  nearly  the 
whole  fortunes  of  our  citizens,  are   involved."     Mr.  Pinck- 
ney was  known  to  be  attached  to  the  system  of  the  adminis- 
tration ;  and  it  was  desirable    their  sentiments   and   wishes 
should  be  represented,  at  this  period,  with  all  the  force  and 
in  the  fullest  relief  possible.     Mr.    Monroe,  who   had  been 
minister  during  the  years  '94,   5   and  6,  on  taking  his  leave 
of  the  Directoi;y,  was  addressed  in    the  following  terms,  by 
the  President.     "  By  presenting  this   day  to  the  Directory 
your  letters  of  recall,  you  offer  a  strange  spectacle  to  Europe. 
France,  rich  in  her  freedom,  surrounded  by  the  train  of  her 
victories,   and    strong  in  the   esteem  of  her  allies,  will   not 
stoop  to  calculate  the  consequences  of  the  condescension  of 
the    American    government   to    her  ancient   tyrants.      The 
French  Republic   expects,    however,  that  the    successors  of 
Penn,  Raleigh  and  Columbus^  always  proud  of  their  liberty, 
will  never  forget  that   they  owe    it    to   France.      They  will 
weigh  in  their  wisdom  the    magnanimous   friendship   of  the 
French    people  with   the  crafty   caresses  of  perfidious  men, 
who  meditate  again  to  bring  them  under  their  former  yoke. 
Assure  the  good  people  of  America,  Mr.  Minister,  that,  like 

war.  But  the  laws  of  nations  do  not  forbid  the  purchase  of  contra- 
bands and  their  exportation  from  a  neutral  country.  The  only  penal- 
ty attending  the  practice  is  their  liability  to  capture.  A  great  part  of 
the  trade  was  in  contrabands.  France  had  all  the  advantage  of  this 
traffic  as  well  as  the  other  belligerents.  Horses  were  sent  to  the 
French,  as  well  as  the  British  Wusi  India  Inlands. 


328 


CONTENTIOir    OF     1800    WITH    TRANCE. 


them,  we  adore  liberty ;  that  they  will  always  possess  our 
esteem,  and  find  in  the  French  people,  that  republican  gene- 
rosity which  knows  how  to  grant  peace  as  well  as  to  cause  its 
sovereignty  to  be  respected.  As  for  you,  Mr.  Minister,  you 
have  combatted  the  principles ;  you  have  known  the  true 
interests  of  your  country  ; — depart  with  our  regret ; — we 
restore  in  you  a  representative  to  America,  and  we  pre* 
serve  the  remembrance  of  the  citizen,  whose  personal  quali- 
ties did  honour  to  that  title."  .\t  his  return  in  '97,  Mr. 
Monroe  published  an  account  of  his  mission,  to  which  we 
take  this  opportunity  to  refer  the  reader.* 

Mr.  Pinckncy  was  not  received  by  the  Directory.  Very 
soon  after  his  arrival  in  Paris,  after,  indeed,  he  had  been 
presented  in  a  private  manner  to  the  Minister  of  Foreign 
Affairs,  notice  was  officially  sent  to  Mr.  Monroe,  that  the 
"  Directory  will  not  acknowledge  nor  receive  another  Min- 
ister Plenipotentiary  from  the  United  States  till  after  the  re- 
dress of  the  grievances  demanded  of  the  American  govern- 
ment, and  which  the  French  Republic  has  a  right  to  expect 
from  it."  The  American  minister  was,  also,  informed  by 
M.  Giraudet,  chief  secretary  in  the  Department  of  Foreign 
Affairs,  that  the  minister  at  the  head  of  that  department  could 
have  no  direct  official  communication,  as  the  Directory  had 
determined  not  to  acknowledge  him.  He  signified  to  Mr. 
Pinckney  at  the  same  time,  that  there  was  a  law,  which  for- 
bid foreigners  remaining  in  Paris  without  the  permission  of 
the  Directory  ;  and,  as  it  was  their  intention  not  to  grant 
this  indulgence  to  Mr.  Pinckney,  the  law  would  be  suffered 
to  have  its  operation  ;  and  that  he  would  be  under  the  ne- 
cessity of  quitting  the  territories  of  the  Republic  as  well  as 
Paris,  though  the  time  had  not  yet  been  designated  by  the 
Directory.  M.  Giraudet  intimated,  that  a  communication 
would  probably  be  made  to  him  on  this  head  by  the  minis- 

*  A  view  of  the  conduct  of  tlic  Executive  in  the  foreign  affairs  of 
the  United  States  as  connected  with  tlie  mission  to  the  French  Repub- 
lic in  tlie  years  1794,  5,6,  l)y  James  Monroe,  Minister  Plenipotentiary, 
&c. 


CONVENTION   OF    1800   WITH   FRANCE. 


329 


less  our 
n  gene- 
:ause  its 
ter,  you 
he  true 
t ; — we 
KB  pre* 
al  quali- 
J7,  Mr. 
liich  we 

Very 
ad   been 
Foreign 
that  the 
[jer  Min- 
T  the  re- 
I  govern- 
:o  expect 
rmed  by 
Foreign 
lent  could 
tory  had 
to  Mr. 
hich  for- 
ission  of 
to  grant 
suffered 
the  ne- 
I  well  as 
by  the 
nieatioB 
e  minis< 

affuirs  of 
th  Repub- 
loteatiaiy, 


ter  of  Police,  as  the  business  fell  into  the  department  of  that 
officer.     This  affair,  conducted  *n  an  unaccountable  manner, 
could  not    be    regarded  with    much    complacency    by    the 
American  envoy.     The  minister  of  foreign  affairs  was  well 
acquainted  with  the  capacity  in   which  Mr.  Pinckney  came 
to  France  ;  nor  could  the  Directory  be  ignorant  of  the  pub- 
lic character  with  which  he  was  invested,  for  his  arrival  had 
been  officially  notified   to  M.  de  la  Croix.     He  had  waited 
upon  that  gentleman  by  appointment  with  his   predecessor 
Mr.  Monroe,  who  had  received  his  letters  of  recall,  and  on 
that  occasion  presented  an  ofRcial  copy  of  his  letters  of  cre- 
dence to  the  minister,  who  promised  to  lay  them  before  the 
Directory.     Two  days  after  this  audience,  M.  de  la  Croix 
wrote  to  Mr.  Monroe,  and  informed  him,  that  he  had  laid 
before  the  Directory  a  copy  both  of  the  letters  of  recall  and 
credence.       The  public  character  of   Mr.    Pinckney    was, 
therefore,  properly  and  fully  known   to  the   executive   gov- 
ernment of  France.     In  this  view  of  the  subject  he  was  en- 
titled to  the  protection  of  the  laws  of  nations,  and  whether 
he  was  received  or  not   by  the   Directory,  could   not  at  all 
alter  his  official  character.      The  Directory  were  not  obliged 
to  acknowledge  him,  or  any  other  minister  from  tht  United 
States,  but,  when  it  was  once  ascertained  that  Mr.  Pinckney 
was  a  public  envoy  of  a  foreign   country,  and  not  a  sintple 
stranger  or  traveller  in   France,  he  was  far,  indeed,  from 
being  a  fit  subject  for  the   minister  of  police.      That  officer 
could  have  thrown  him   into  prison,  and  his  letters  of  cre- 
dence, as  a  diplomatic  envoy,  would  have  availed  him  noth- 
ing, for  the  minister  of  police  had  nothing  to  do  with  papers 
of  that  description  ; — the  Directory  could  have  ordered   (^as 
they  afterwards  did)  Mr.  Pinckney  to  quit  the  territories  of 
France  ; — that  is  a  municipal  authority,  every  government  is 
fully  competent  to  exercise.     Rut,  whether  France  was  at 
war  or  at  peace  with  the  United  States,  they  could  not,  with- 
out a  gross  violr.tion  of  the  laws  of  nations,  have  refused   to 
the  minister  letters  of  safe   conduct  nnd    paS!?j)orts,  both   to 
protect  him  in  their  country,  and   to  enable  him  to  leave  it 
in  safety.      Public   ministers  or  agents  form  a  distinct  class 

VOL.    1.  11 


I 


330 


CONVENTION  OF  1800  WITH  FRANCE. 


from  common  travellers  or  strangers  ; — they  are  protected 
by  a  diflerent  description  of  law  ; — their  persons  are  invio- 
late, and  they  can  be  punished  only  by  their  own  govern- 
ments. The  necessity  and  advantages  of  intercourse  among 
civilized  nations  have  created  this  order  of  men  in  society, 
an  exception  to  all  the  general  rules  that  govern  states. 

The  immediate,  professed  cause  of  irritation  was  the 
British  Treaty,  concluded  by  Mr.  Jay,  and,  though  the 
French  may  have  had  no  special  right  to  complain  of  that 
act,  their  angry  and  loud  representations,  in  regard  to  the 
treaty  of  1778,  were,  by  no  means,  either  without  excuse 
or  foundation.  "  In  vain  have  British  agents,"  said  the 
minister  o(  justice  in  April  1797,  '<  surprised  a  people,  to 
whose  liberty  we  hav<?  given  birth,  into  stipulations,  con- 
trary to  their  true  interests,  as  well  as  our  own.  We  shall 
know  how  to  restore  a  proper  equilibrium  by  just  reprisals. 
As  soon  as  the  American  government,  restored  to  itself,  and 
its  true  friends,  and  become  just  and  reasonable,  shall  annul 
the  extraordinary  treaty,  it  entered  into  on  the  1 9th  Nov. 
1794,  with  our  implacable  enemy,  the  French  Republic 
will  cease  to  avail  itself  of  the  dispositions  of  this  treaty,  and 
I  pledge  myself  it  will  not  be  acted  on  in  order  to.  support  un- 
just pretensions."  The  treaty  was  the  pretence  for  the 
spoliations  ;  but  the  poverty  of  the  French  government  and 
the  rapacious  spirits  of  its  rulers  cannot  be  altogether  acquit- 
ted of  some  share  in  their  iniquitous  proceedings.  We  find 
in  the  correspondence  of  the  period,  allusion  to  a  report  that 
Talleyrand,  who  had  shortly  before  returned  from  this  coun- 
try, had  said,  "  America  is  not  of  greater  consequence,  nor 
ought  to  be  treated  with  more  respect  than  Genoa  or 
Geneva." 

Mr.  Pinckney  remained  in  Paris  till  the  middle  of  Febru- 
ary. He  was  not  molested  by  the  government,  though  he 
had  no  communications  with  them.  Being  in  expectation  of 
receiving  instructions,  he  believed  it  to  be  his  duty  to  re- 
main at  his  post  till  he  should  be  furnished  with  a  formal 
order  from  the  I)i'  octory  to  leave  France.  This  proceeding 
shortly  took  place.      In  the  beginning  of  February,  accounts 


CONVENTION  OF  1800  WITH  FRANCE. 


331 


)teoted 

invio- 
;overn- 
atnong 
lociety, 
ss. 

ras  the 
gh  the 
of  that 
to  the 
excuse 
aid   the 
»ple,  to 
IS,  cou- 
'^e  shall 
?prisals. 
self,  and 
U  annul 
th  Nov. 
lepublic 
aty,  and 
port  un- 

for  the 
lent  and 

acquit- 
VVe  find 
)ort  that 

is  coun- 
nce,  nor 

noa    or 

Febru- 
)ugh  he 

ation  of 
to  re- 
formal 
ceding 

ccounts 


of  the  amazing  and  unexpected  success  of  General  Bonaparte 
in  Italy  arrived  in  Paris  ;  and  the  next  day  official  notice 
was  sent  to  Mr.  Pinckney  to  quit  the  French  territories. — 
**  The  Executive  Directory  has  charged  me  to  make  known 
to  you,  that,  not  having  obtained  special  permission  to  reside 
at  Paris,  you  are  amenable  to  the  law,  which  obliges 
foreigners  to  quit  the  territory  of  the  Republic.  I  had  the 
honour  of  informing  you,  near  two  months  ago,  by  the  prin- 
cipal secretary  of  my  department,  of  the  intentions  of  the 
government  in  this  respect.  I  cannot  dispense  with  notify- 
ing them  to  you  to  day.* 

Receive,  Sir,  &c.  CII.  DE  LA  CROIX." 

Mr.  Pinckney  left  Paris  with  his  family  on  the  5th,  and 
arrived  in  Amsterdam,  on  the  17th,  of  February.  The  his- 
tory of  this  affair  is  unusual  in  diplomacy.  The  Directory 
contended  originally  that  they  had  not  received  official  no- 
tice of  the  arrival  of  the  American  minister — they  referred 
him  to  the  police  as  a  private  individual.  The  envoy,  with 
great  propriety  and  dignity,  rejected  this  proposition.  Sub- 
sequently, he  was  ordered  by  a  special  decree  of  the  Direc- 
tory to  leave  the  French  territory  as  a  public  agent  of  the 
United  States,  because  the  same  course  was  not  pursued  in 
regard  to  other  Americans  ;  other  citizens  of  that  country, 
and  there  were  at  the  time  a  great  number  in  France,  were 
suffered  to  remain  in  Paris.  The  conduct  of  the  govern- 
ment in  regard  to  Mr.  Pinckney  was  not  founded  on  any 
reprehensive  behaviour  of  the  minister ; — he  had  done 
nothing  obnoxious  to  censure  ;  for  every  sort  of  official  com- 
munication had  been  denied  to  him.  He  could  not,  there- 
fore, be  dismissed,  nor  his  recall  solicited,  the  usual  modes 
of  proceeding,  where  the  demeanour  of  a  foreign  envoy  is 
offensive.  Mr.  Pinckney  remained  two  months  in  Paris, 
subject,   at  all    times,    to  be  removed   by   a   gens   d'arme 

*  The  Directory  had  ju'eviously  (in  M:\y  '07)  instriirted  M.  Adet  to 
return  to  France,  and  to  cease  all  communication  with  the  American 
government.  France  had  no  niiuister  in  this  country  till  after  the 
Convention  of  1800. 


332 


CONVENTION  OF  1800  WITH  FRANCE. 


from  his  lodgings,  and  thrown  into  a  prison  ;  and  it  was  only 
another  act  of  inconsistency,  that  this  disposition  was  not 
made  of  hin.  The  Directory  refused  to  receive  him  ; — he 
was  then  ordered  to  leave  France.  This  last  measure  does 
not  admit  of  &n  explanation.  They  refused  to  receive  him, 
because  they  could  not  consent  to  hold  farther  intercourse 
with  the  United  States,  till  their  alleged  wrongs  were  re- 
dressed. This  may  or  may  not  have  been  a  sufficient  and 
reasonable  pretext  according  to  the  nature  of  the  grievances. 
But  the  American  government,  never  having  admitted  that 
tne  complaints  were  well  founded,  could  of  course,  not  ac- 
knowledge the  validity  of  the  reason.  Mr.  Pinckney  was 
intrusted  with  a  special  mission,  and  the  instructions,  ex- 
pressed in  his  letter  of  credence,  were  purposely  made  con- 
ciliatory and  flattering  to  the  French  government — "  to 
maintain  that  good  understanding,  which,  from  the  com- 
mencement of  the  alliance,  had  subsisted  between  the  two 
nations,  and  to  eflace  unfavourable  impressions,  banish  sus- 
picions and  restore  that  cordiality  which  was  at  once  the 
evidence  and  pledge  of  a  friendly  union."  We  shall  close 
the  narrative  of  Mr.  Pinckney's  treatment  in  France  with 
the  following  just  remark  of  the  President  of  the  United 
States. 

"  As  it  is  often  necessary,  that  nations  should  treat  for  the  mutiinl 
advantage  of  their  affairs,  and  especially  to  accommodate  and  ter- 
minate difTerences,  and  as  they  can  treat  only  by  ministers,  the  right 
of  embassy  is  ivell  known  and  established  by  the  law  and  usages  of 
nations.  The  refusal  on  the  part  of  France  to  receive  our  minis- 
ter, is  then  the  denial  of  a  right,  but  the  refusal  to  receive  him 
until  we  have  acceded  to  their  demands,  without  discussion  and 
without  investigation,  is  to  treat  us  neither  as  allies,  nor  as  friends, 
nor  as  a  sovereign  state." 

At  this  period  all  diplomatic  intercourse  was  suspended 
between  the  two  governments.  America,  sincerely  desirous 
of  a  restoration  of  the  former  stale  of  harmony  and  friend- 
ship with  France,  was  not  insensible  to  the  indignity  offered 
it  in  the  person  of  its  minister  ;  but  it  viewed  that  conduct 


I'i'f 


CONVENTION  OF  1800  WITH  FRANCS. 


333 


ks  only 
as  not 
; — he 
e  does 
B  him, 
course 
?re  re- 
nt and 
vances. 
id  that 
not  ac- 
ey  was 
ms,  ex- 
de  con- 
t — "  to 
le  corn- 
he  two 
ish  sus- 
nce  the 
tU  close 
ce  with 
United 

mutnnl 

and  ter- 

le  right 

usage?  of 

r  minis- 

ve  him 

si  on  and 

friends, 

spended 
desirous 
friend- 
offered 
conduct 


as  the  result  of  passion  or  misunderstanding.  The  adminis- 
tration determined  to  persevere  in  its  endeavours  to  remove 
the  erroneous  impressions  under  which  the  Directory  labour- 
ed. In  June  '97  a  commission  was  issued  under  the  seal  of 
the  United  States,  to  Charles  C.  Pinckney,  John  Marshall  of 
Virginia,  and  Elbridge  Gerry*  of  Massachusetts,  "  for  the 
purpose  of  terminating  all  differences  between  the  United 
States  of  America  and  the  French  republic,  and  of  restoring 
and  confirming  perfect  harmony  and  good  understanding,  and 
reestablishing  a  commercial  and  friendly  intercourse  between 
them."  "  You  are  placed"  (Secretary  of  State  to  Pinck- 
ney,  June  1  2,)  "  at  the  head  of  the  mission,  although  to  an- 
swer every  reasonably  to  be  expected  contingency,  the  pow- 
ers are  several  as  well  as  joint."  We  subjoin,  also,  extracts 
from  their  instructions,  which  will  render  it  unnecessary  to 
trouble  the  reader  with  similar  details  in  regard  either  to 
the  previous  or  succeeding  missions,  all  of  which  terminated 
in  the  Convention,  that  makes  the  title  of  this  chapter. 

'^  Although  the  reparation  for  losses,  sustained  by  the  citizens  of 
the  United  States,  in  consequence  of  irregular  or  illegal  captures, 
or  condemnations,  or  forcible  seizures,  or  detentions,  is  of  very 
high  importance,  and  is  to  be  pressed  with  the  greatest  earnest- 
ness, yet  it  is  not  to  be  insisted  on  as  an  indispensable  condition  of 
the  proposed  treaty.  Vou  are  not,  however,  to  renounce  those 
claims  of  our  citizens,  nor  to  stipulate  that  they  be  assumed  by  the 
United  States,  as  a  loan  to  the  French  government. 

"  In  respect  to  the  alterations  of  the  commercial  treaty  with 
France  in  the  two  cases,  which  have  been  principal  subjects  of 
complaint  on  her  part,  viz.  enemies^  property  in  neutral  ships,  and 
the  articles  contraband  of  war  ;  although  France  can  have  no  right 
to  claim  the  annulling  of  stipulations  at  the  moment,  when  by  both 
parties  they  were  originally  intended  to  operate,  yet,  if  the  French 
government  presses  for  alterations,  the  President  has  no  dithculty 
in  substituting  the  principles  of  the  law  of  nations,  as  stated  in  the 
17th  and  18th  articles  of  our  commercial  treaty  with  Great  Britain, 
to  those  of  the  23d  and  24th  articles  of  our  commercial  treaty  with 

*  Francis  Dana,  Chief  Justice  of  the  same  state,  was  originally 
nominated.     *      r=.  .r      •       _  >  ^  ..  v        ;,  .  .   . 


S34 


CONVENTION     OF     1800    WITH     FRANCE. 


France  ;  nnd  in  respect  to  provisions  iind  other  nrticles,  not  uiiinlljr 
deemed  contraband,  yon  are  to  Rgree  only  on  n  temporary  com* 
promise,  lilce  tiiat  in  the  t8th  article  of  the  British  treaty,  nnd  of 
the  same  duration.  If,  however,  in  order  to  satisfy  France,  now 
$he  is  at  war^  we  change  the  two  important  articles  hefore  mention- 
ed,  then  the  14th  article  of  the  French  treaty,  which  suljects  the 
property  of  the  neutral  nation,  found  on  board  enemies^  ships,  to 
capture  and  condemnation,  must  of  course  be  abolished. — Great 
Britain  has  often  claimed  a  right,  and  practised  u|)on  it,  to  prohibit 
neutral  nations  carrying  on  a  commerce  with  her  enemies,  which 
has  not  been  allowed  in  lime  of  pence.  On  this  hcnd,  it  will  be 
desirable,  to  come  to  an  explicit  understanding  with  France,  and, 
if  possible,  to  obviate  the  claim  by  an  express  stipulation. 

^'  Such  extensive  depredations  have  been  committed  on  the  com* 
merce  of  neutrals,  and  especially  of  the  United  Slates,  by  .he  citi- 
zens of  France,  under  pretence  that  her  enemies  (particularly 
Great  Britain)  have  done  the  same  things,  it  will  be  desirable  to 
have  it  explicitly  stipulated,  that  the  conduct  of  an  enemy  towards 
a  neutral  power  shall  not  authorize  or  excuse  the  other  belligerent 
power  in  any  departure  from  the  law  of  nations,  or  the  stipulations 
of  the  treaty:  especially,  that  the  vessels  of  the  neutral  nation  shall 
never  be  captured,  or  detained,  or  their  property  confiscated,  or 
injured,  because  bound  to  or  from  an  enemy's  port,  except  the  case 
of  a  blockaded  port,  the  entering  into  which  may  be  prevented,  ac- 
cording to  the  known  rule  of  the  law  of  nations.  And  it  may  be 
expedient  to  define  a  blockaded  place  or  port  to  be  one,  actually 
invested  by  land,  or  naval  forces  or  both,  and  that  no  declaration 
of  a  blockade  shall  have  any  effect  without  such  actual  investment. 
^As  a  substitute  for  the  reciprocal  guaranty  may  be  proposed  a 
mutual  renunciation  of  the  same  territories  and  possesions,  that 
were  subjects  of  the  guaranty,  and  renunciation  in  the  sixth  and 
eleventh  articles  of  the  treaty  of  alliance.  Such  a  renunciation,  on 
our  part,  would  obviate  the  reason  assigned  in  the  instruction  to 
M.  Genet,  before  cited,  of  future  danger  from  the  rapidly  growing 
power  of  the  United  States.  But  if  France  insists  on  the  mutual 
guaranty,  it  will  be  necessary  to  aim  at  some  modification  of  it. 
The  existing  engagement  is  of  that  kind,  which,  by  writers  on  the 
law  of  nations,  is  called  a  general  guaranty;  of  course  the  casus 
foederis  can  never  occur  except  in  a  defensive  war.     The  nature  of 


coMVBNTioir  or   1800  with  mANca. 


335 


this  obligfRtion  is  understood  to  be,  that  when  n  wnr,  really  and 
truly  dffen$ive^  cxiMtt,  the  engiiging  nntion  i»  bound  to  furnish  an 
effectual  and  aJeifiiate  ilcjcnce  in  coopcrnlion  with  the  power  attack- 
ed: ^vhencc  It  follows,  that  the  niitionr/ia^  bo  required  in  some  cir- 
cum^tnnccH  to  bring  forwaril  Un  whole  tbrcc. — On  the  part  of  the 
United  Stntc!^,  Instead  of  troops  ur  ships  of  war,  it  will  be  convenient 
to  stipulate  lor  a  modernle  stim  of  money,  or  quantity  of  provisionSf 
nt  the  option  of  France.  The  provinioHS  tu  bo  delivered  at  our 
own  porta  in  any  future  defensive  wars.  The  sum  uf  money,  or  its 
value  in  provisions,  ought  not  to  exceed  two  hundred  thousand  dol- 
lars a  year  during  any  such  wars.  The  reciprocal  stipulation,  on 
the  part  of  Franco,  may  be  to  furnish  annually  the  like  sum  of 
money,  or  an  equivalent  in  military  stores,  and  clothing  for  troops, 
at  the  option  of  the  United  States,  to  he  delivered  in  the  ports  of 
France.  Particular  caution,  however,  must  be  used  in  discus!<ing 
this  subject,  not  to  admit  any  claims  on  the  ground  of  the  guaranty 
in  relation  to  (he  cxi!<ting  war,  as  we  do  not  allow  that  the  casus 
fcederis  applies  to  it.  And  if  the  war  should  continue  after  your  ar- 
rival in  l' ranee,  and  the  question  of  the  guaranty  should  not  be 
mentioned  on  her  part,  you  uiay,  yourselves,  be  silent  on  the  sub- 
ject, if  you  deem  it  most  pruilcnt. — The  ports  of  the  United 
Slates,  being  frequented  by  the  ves<sel3  of  dilferent  belligerent  pow- 
ers, it  became  necessary  to  regulate  the  times  of  their  sailing.  The 
President,  therefore,  adopted  what  was  understood  to  be  the  re- 
ceived rule  in  Europe,  and  ordered,  that  nftur  the  sailing  of  a  ves 
sel  of  one  of  the  belligerent  powers,  twenty-four  hours  should 
elapse  before  an  armed  vessel  of  the  enemy  of  the  former  should 
set  sail. — This  rule  has  been  duly  respected  by  the  armed  vessels 
of  France  and  Great  Britain. 

"On  the  supposition,  that  a  treaty  will  be  negotiated  to  alter  and 
amend  the  treaties,  which  now  exist  between  France  and  the  Unit- 
ed States,  the  following  leading  princii)lcs,  to  govern  the  negotia- 
tion, are  subjoined. — That  no  aid  be  stipulated  in  favour  of  France 
during  the  present  war.  That  no  engagement  be  made  inconsistent 
with  the  obligations  of  any  prior  treaty. — That  no  stipulation  be 
made  under  colour  of  which  tribunals  can  be  established  within  our 
jurisdiction,  or  personal  privileges  claimed  by  French  citizens,  in- 
compatible with  the  complete  sovereignly  and  independence  of  the 
United  States,  in  matters  of  policy,  commerce  and  government." 


336 


CONVENTION    OF     1800    WITH     FRANCE. 


The  commissioners  arrived  in  Paris  in  the  beginning  of 
October  '97  ;  they  immediately  requested  a  meeting  with 
the  Minister  of  Foreign  Affairs.  On  this  occasion  they 
were  distinctly  informed,  that  for  the  present  they  could  not 
have  a  public  audience  with  the  Directory,  though  cards  of 
hospitality  were  sent  to  them  Without  delay,  in  a  style  suita- 
ble to  their  public  character  ;  an  attention,  that  had  been 
omitted  in  the  case  of  Mr.  Pinckney.  No  persons  were  ap- 
pointed officially  to  treat  with  them,  but  a  direct  intercourse 
of  a  singular  nature  immediately  took  place  by  means  of 
certain  individuals,  who  appear  in  the  public  correspondence 
under  the  initials  of  W.  X.  Y.  Z.*"  It  does  not  much  signi- 
fy whether  this  was  an  intrigue  of  Talleyrand  for  his  own 
benefit,  or  an  attempt  of  the  Directory  to  obtain  a  loan  of 
money.      The   substance   of  the    negotiation,   conducted  in 


*  Y  was  said  to  be  a  monsieur  Bellamy.  Hauteval,  an  interpreter, 
osserted,  in  a  letter  written  to  Talleyrand,  that  lie  was  represented  by 
Z.  The  French  account  of  this  afFair,  which  we  give  on  a  following 
page,  will  be  found  in  the  Moniteur  No.  2(51.  for  the  year  6.  The  initials, 
W.  X.  Y.  Z.  were  employed  by  the  American  Executive  to  represent,  in 
the  communication  to  Congress,  the  individualH,who  had  the  conversa- 
tions with,  and  made  the  offers  to  the  envoys,  as  their  names  were  dis- 
closed to  the  executive  confidentially.  A  lady,  understood  to  be  Ma- 
dame de  Villette,  the  celebrated  Belle  et  Bonne  of  Voltaire,  was  also 
concerned  in  this  transaction.  These  agents  were  not  furnished  with 
documents  or  certificates  of  their  oflicial  character  from  the  French 
government.  And  the  Directory  asserts  that  the  envoys  were  certainly 
ileceived,  that  it  was  an  artifice  of  some  foreigners,  (for  one  of  the 
comir'ssionerssaid  that,  with  the  exception  of  Hauteval,  the  persons 
were  all  foreigners,)  to  get  money,  and,  as  to  the  lady,  an  intimation 
is  given  that  that  part  of  the  affair  was  not  much  to  the  credit  of  the 
Americans.  Hauteval,  in  his  letter  published  on  this  occasion,  (he 
was  a  translator  in  the  office  of  tlie  Minister  of  Foreign  Relations,) 
states  that  Talleyrand  openly  asked  Mr.  Gerry  for  a  loan  of  15  or 
lf),000,000  florins  on  the  ground  that  America  was  bound  to  assist 
France,  inasmuch  as  France  had  assisted  America.  The  ])ropositiun 
was  declined  by  the  envoy,  as  tlieir  instructions  did  not  allow  them  to 
offer  loans.  It  is,  however,  well  known,  that  the  names  of  these  per- 
sons were  communicated  to  Talleyrand  at  his  desire,  twice  repeated, 
and  no  one  ever  heard  that  they  had  been  punished. 


CONTENTION    OF    1800    WITH    FRANCE. 


337 


ning  of 
5   with 
a   they 
uld  not 
irds   of 
e  suita- 
d   been 
?ere  ap- 
ircourse 
eans  of 
sndence 
:h  signi- 
his  own 
loan  of 
icted  in 

terpreter, 
seiited  by 
following 
lie  initials, 
present,  in 
conversa- 
were  dis- 
o  be  Ma- 
,  was  also 
slied  with 
iie  rrcncli 
certainly 
ne  of  the 
e  persons 
ntimation 
dit  of  the 
sion,  (he 
elations,) 
of  15  or 
to  assist 
reposition 
,v  thcni  to 
hcse  per- 
rcpcated, 


this  private  manner,  was,  to  demand  a  present  of  222,000 
dollars  for  the  pockets  of  the  Directory,  and  a  loan  for  the 
government  of  32,000,000  florins,  in  what  were  called 
Dutch  inscriptions,  at  that  time  at  50  per  cent  discount.  It 
was  proposed  that  these  inscriptions  should  be  taken  at  their 
par  value,  under  the  expectation  that  when  the  war  was 
finished,  the  credit  of  the  Dutch  would  be  good,  and  the  full 
value  of  the  debt  paid.  They  also  required,  that  parts  of 
the  President's  message  of  May  '97  should  be  softened  or 
explained.*  The  details  of  this  singular  proceeding  will  be 
found  at  great  length  in  the  correspondence  of  the  commis- 
sioners under  all  their  signatures;  it  was  immediately  pub- 
lished both  in  America  and  Europe.  Having  met  with  a 
French  version  of  it,  probably  from  the  pen  of  Talleyrand 
himself,  we  shall  introduce  parts  of  it  for  the  entertainment 
of  the  reader.  The  whole  of  this  negotiation  has  quite  a 
dramatic  effect.  The  gravity  and  uniformity,  that  usually 
attend  these  transactions,  are,  in  this  case,  disturbed  by  a 
variety  of  singular  and  amusing  incidents,  that,  vexatious  as 
they  are,  hardly  seem  out  of  keeping  with  the  times,  or 
persons,,  who,  on  the  part  of  France,  figured  in  the  scene.      . 

"  The  American  and  English  papers  have  lately  resounded  with 
the  publication  of  the  most  strange  communications,  which  the  en- 
voys of  the  United  States  have  thought  it  their  duty  to  make  to 
their  government. 

"  It  is,  with  respect  to  those  envoys,  a  dt  i)Iorable  monument  of 
credulity  and  contradictions,  and  with  respect  to  that  government, 
a  provocation  still  more  deplorable. 

— *'  That  government,  indeed,  after  so  many  and  such  ridiculous 
efforts  against  the  French  republic,  endeavours  to  organize  cor- 
ruption around  it. 

— "  At  length  the  United  States,  sensible  only  to  the  disagreeable 
consequences,  which  have  resulted  thereupon  to  themselves,  ap- 
peared to  wish  a  reconciliation.  '   ' 

"  Three  commissioners  have  been  sent  for  that  end  to  the  French 

*  M.  Talleyrand  and  the  French  government  afterwards  disowned 
the  whole  of  this  aflair.  •'     j  '  ..      ;  ;         . .    i       "•/-■. 

VOL.  1.  43 


338 


CONVENTION    OF    1800    WITH    FRANCE. 


republic,  two  of  them,  General  Pinckney  and  Mr.  Marshall,  mani- 
festing against  France  prejudices  brought  from  America,  or  imbib- 
ed from  the  nature  of  the  connexions,  which  they  lost  no  time  in 
forming  here  ;  and  the  third,  Mr.  Gerry,  announcing  more  impar- 
tiality and  manifesting  himself  more  disposed  to  lend  a  favourable 
ear  to  every  thing,  which  might  reconcile  the  two  republics. 

"  Fi  om  this  ill  suited  union,  wliich  disclosed  dispositions  not  very 
conciliatory,  there  must  needs  result,  hr.d  there  has  in  fact  resulted, 
a  crooked  and  embarrassed  career  on  the  part  of  those  commission- 
ers, hence  their  constsmt  aversion  to  do,  what  might  reconcile 
their  eagerness  to  write,  what  might  disgust. 

— "  In  the  mean  time,  the  envoys  thought  themselves  bound  to 
transmit  to  the  President  of  the  United  States  a  very  voluminous 
account  of  their  negotiation.  Of  what,  then,  could  this  account  be 
composed  ?  It  was  necessary  to  fill  it  with  the  despicable  manoeu- 
vres of  all  the  intriguers,  who,  seeing  the  commissioners,  charged 
with  the  most  important  interests,  secluding  themselves  from  the 
government,  with  which  they  ought  to  treat,  hastened  to  gather 
round  them,  and  infatuated  them  with  the  idea  of  their  credit,  and 
the  opinion  of  their  importance.  One  of  these  intriguers  appears 
to  have  grounded  himself  on  some  acquaintance,  which,  as  a  fo- 
reigner having  a  recommendation,  he  had  succeeded  in  obtaining 
with  the  minister,  another  (and  it  is  the  one  who  is  the  roost  active) 
grounds  himself  solely  upon  the  acquaintance,  which  he  had  with 
the  first  intriguer;  for  he  declares  that  he  does  not  even  know  the 
minister.  Such,  moreover,  is  the  situation  of  the  man,  whoever 
he  may  be,  who  is  placed  at  the  head  of  this  department,  that  he 
is  obliged  to  receive  and  listen  to  many  persons,  who  are  far  from 
having  any  share  in  his  confidence,  and  he  has  no  means  of  pre- 
venting the  abuse  they  may  make  of  t  is  absence  of  the  most  insig- 
nificant visits,  of  which  they  may  avnil  themselves,  as  suits  their 
interests,  with  men  of  no  experience. 

"  In  the  publication,  which  the  American  government  has  made 
of  the  report  of  its  envoys,  these  persons,  without  being  avowed, 
are  designated  each  by  a  letter.  The  minister,  impatient  to  know 
their  names,  demanded  them  with  importunity  and  finally  obtained 
the  communication,  which  he  immediately  handed  to  the  proper 
authority.  It  will  be  learned  with  pleasure  that  they  are  foreign- 
ers, and  it  will  be  readily  believed,  that  they  did  justice  to  them- 


CONTEITTION    OF    1800    WITH     FRANCi:. 


339 


11,  mani- 
)r  imbib- 
>  time  in 
e  iropnr- 
ivourable 
lies. 

J  not  very 

resulted, 

mmission- 

recoDcile 

bound  to 
oluminous 
iccount  be 
e  manoeu- 
3,  charged 
from  the 
to  gather 
credit,  and 
rs  appears 
1,  as  a  fo- 
I  obtaining 
lOst  active) 
e  had  with 
know  the 
,  whoever 
t,  that  he 
le  far  from 
ns  of  pre- 
most  insig- 
Isuits  their 

has  made 
^g  avowed, 
it  to  know 
obtained 
|he  proper 
:e  fo reign- 
to  them- 


selves by  hastening  to  quit  the  territory  of  the  Republic.  One  of 
these  letters,  Z.  designates  a  Frenchman,  who  hastened  to  declare 
himself.  The  language,  he  held,  is  irreproachable.  He  is  present- 
ed, as  having  sometimes  served  as  Interpreter ;  but  it  is  clearly 
seen  that  he  interpreted  none  but  honourable  propositions. 

"  As  to  the  foreigners,  who  are  seen  6guring  in  this  negotiation, 
it  appears,  that  the  object  of  their  whole  intrigue  was,  to  obtain 
from  the  Americans  a  sum  of  1,200,000  livres  to  be  distributed  for 
corrupt  purposes. 

"  Hence  begin  and  end  all  the  bustle,  all  the  conversations,  all 
the  proceedings,  minutely  detailed  in  the  Report  of  the  envoys. 

"  It  will  be  forever  inconceivable,  that  men,  authorized  to  repre- 
sent the  United  States  near  the  French  Republic,  could  have  been 
for  an  instant  deceived  by  manoeuvres,  so  evidently  counterfeit, 
and  that  there  should  exist  a  temptation  to  convert  the  error  in 
this  respect  into  bad  fa^.ii. 

"  What !  Three  men  are  sent  envoys  from  America  to  France, 
to  negotiate  there  a  reconciliation  between  the  two  Republics ; 
embarrassed  in  a  preliminary  matter,  they  cannot,  at  once,  confer 
with  the  minister  as  commissioners,  but  have  a  thousand  ways  of 
seeing  him  as  individuals,  either  at  his  own  house  or  elsewhere  ; 
and  two  of  them  constantly  refuse  all  the  facilities  which  are  o£fer-r 
ed  to  them. 

— "  Here  it  is  a  lady,  known  to  be  connected  with  Mr.  Pinckney, 
who  holds  with  him  the  most  innocent  discourse,  which  has  been 
repeated  to  him  from  one  end  of  France  to  the  other ; — lend  us 
(said  she  f o  him  one  day)  money  in  our  war,  we  lent  it  to  you  in 
your^s ;  and  a  conversation,  thus  simple,  is  taken  up  by  Mr.  Pinck* 
ney,  »,vho  finds  it  necessary  to  write  every  thing,  and  to  poison 
every  thing ; — it  is,  mysteriously,  sent  by  him  to  his  government, 
as  if  it  had  any  relation  to  the  clandestine  propositions  made  by  the 
intriguers ; — thus  minute  is  distrust !  Thus  is  prejudice  led  astray 
in  its  reasonings !  In  this  manner  are  the  politics  of  some  men  a 
pest  to  social  intercourse. 

"  There  is  one  W.,  whom  we  have  not  succeeded  in  discovering, 
who  introduces  to  General  Pinckney  one  X.,  a  very  hasty  fellow, 
who  says  he  is  charged  with  a  message  from  the  mini  *er,  who, 
being  soon  afterwards  pressed  to  answer,  whether  he  is  personally 
known  to  him,  is  forced  to  say,  no ;  but  that  he  has  the  proposi- 


340 


CONVENTION  OP  1800  WITH  FRANCE. 


tioM,  which  he  made  from  Y.,  who,  he  says,  has  connexions  with 
the  minister,  and,  nevertheless,  when  they  want  to  intrust  Y.  with 
the  negative  answer  to  his  proposition  for  the  1,200,000  livres,  he 
declines  being  charged  with  it,  and  is  compelled  to  avow,  through 
a  kind  of  shame,  and  at  the  risk  of  discrediting  the  part  he  was 
playing,  that  the  proposition  did  not  come  from  the  directory,  nor 
even  from  the  minister,  and  that  it  came  solely  from  him,  Y.,  who 
was  desirous  of  saving  the  envoys  the  mortification  of  the  disa- 
vowals. 

— ^^  In  one  word,  they  flattered  themselves  with  exciting  indig- 
nation, instead  of  pity.  They  wish  for  war,  and  they  wished  that 
insulted  France  might  declare  it  against  a  people,  whose  cause  she 
defended,  and  that  it  might  be  restored  by  her  to  the  arms  of 
England. 

'^  By  that  war,  the  British  cabinet  would  gain  an  ally,  who  would 
labour  for  its  interests,  second  its  projects  upon  the  French  and 
Spanish  colonies,  and  retard  the  moment  of  its  humiliation :  by  that 
war  too,  the  British  government  would  accelerate  the  e.\ecution  of 
a  favourite  plan  of  which  it  has  never  lost  sight. 

"  It  is  known  that,  since  it  despaired  of  reuniting  to  the  triple 
crown  the  States,  whose  independence  it  was  obliged  to  acknow- 
ledge, it  aspireJ,  at  least,  to  prejudice  them  in  favour  of  limited 
monarchy  ;  that  it  endeavoured  to  fortify  by  the  similarity  of  con- 
stitutional forms,  the  habits,  common  to  the  English  and  American 
people,  and  that  it  took  care  to  keep  for  a  long  time  one  of  the 
sons  of  George  III.  in  the  vicinity  of  the  United  States.  Can  it 
then  be  true  that,  to  the  disgrace  of  the  human  mind,  many  citizens 
of  the  United  States  should  be  found,  who  are  seriously  reconciled 
to  the  English  form  of  government  ?  Can  it  then  be  true,  that  men, 
called  by  the  public  confidence  to  the  head  of  the  government  of 
the  United  States,  have  written  in  favour  of  the  British  constitu- 
tion, merely  to  prepare  its  adoption  in  their  own  country  ?  Can  it 
be  true,  that  a  thirst  for  honours,  greediness  of  wealth,  and  a  desire 
of  perpetuating  power  hi'.ve  already  ripened  this  conspiracy  against 
liberty  ?'* 

An  intercourse  of  the  singular  sort,  already  mentioned, 
was  continued  till  the  end  of  October,  at  which  time  the 
commissioners  determined  not  to  receive  any  more  proposi- 


CONTSNTION  OF    1800   WITH   FRANCE. 


341 


ns  with 
Y.  with 
irres,  he 
through 
he  was 
ory,  nor 
Y.,  who 
lie  disa- 

ig  indig- 

hed  that 

ause  she 

arms  of 

ho  would 
inch  and 
:  hy  that 
culion  of 

lie  triple 
acknow- 
f  limited 
y  of con- 
Vmerican 
le  of  the 
Can  It 
r  citizens 
iconcilcd 
hat  men, 
iment  of 
constitu- 
l  Can  it 
a  desire 
)'  against 

itioned, 

lime  the 

)roposi- 


tions  from  individuals,  who  bore  no  acknowledged  authority 
to  treat  with  them.  The  terms,  also,  they  never  could  have 
accepted,  for  nothing  in  their  instructions  allowed  them  to 
offer  a  loan  to  the  Directory.  No  otficial  communication  of 
any  kind  having  been  held  with  them  since  their  arrival  in 
Paris,  although  nearly  six  weeks  had  elapsed,  they  address- 
ed a  letter  on  the  1 1th  of  November  to  the  Minister  of  For- 
eign Relations,  from  which  the  following  is  an  extract  : 

"  Citizen  Minister — The  undersigned,  envoys  extraordinary  and 
ministers  plenipotentiary  of  the  United  States  of  America  to  the 
French  republic,  had  the  honour  of  announcing  to  you  othcially, 
on  the  sixth  of  October,  their  arrival  at  Paris,  and  of  presenting  to 
you,  on  the  eighth,  a  copy  of  their  letters  of  credence.  Your  decla- 
ration at  that  time,  that  a  report  on  American  affairs  was  then  pre* 
paring,  and  would  in  a  few  days  be  laid  before  the  Directory, 
whose  decision  thereon  should  without  delay  be  made  known,  has 
hitherto  imposed  silence  on  them.  For  this  communication  they 
have  waited  with  that  anxious  solicitude,  which  so  interesting  an 
event  would  not  fail  to  excite,  and  with  that  respect,  which  is  due 
to  the  government  of  France.  They  hr.ve  not  yet  received  it,  and 
so  much  time  has  been  permitted  to  elapse,  so  critical  is  the  situa- 
tion of  many  of  their  countrymen,  and  so  embarrassing  is  that  of 
the  undersigned,  both  as  it  respects  themselves,  and  the  govern- 
ment they  represent,  that  they  can  no  longer  dispense  with  the 
duty  of  s'^liciting  your  attention  *o  their  mission."  ,r   .       ^ 

,  No  answer  was  given  to  this  letter  ;  but  attempts  were 
repeatedly  made  to  engage  the  envoys  in  private  and  unoffi- 
cial negotiations.  They  were  promptly  and  decidedly  de- 
clined. The  disposition  of  the  French  government  still  con- 
tinued unfavourable.  The  envoys  remained  in  Paris,  as  pri- 
vate citizens,  under  the  protection  of  a  law  extended  to  the 
natives  of  all  countries,  with  whom  France  was  at  peace. 
The  Directory  had  not  acknowledged  them  in  any  shape, 
and,  though  copies  of  their  full  powers,  and  letters  of  cre- 
dence, had  been  taken  by  the  Minister  of  Foreign  Affairs, 
they  had  never  been  accredited, — a  situation  in  every  way 
awkward,  embarrassing  and  mortifying.  Four  months  were 
passed  in  this  manner.     They  had  been  of  no  service  to 


:• 


342 


CONTENTIOK    OF    1800    WITH    FRAWCX. 


their  country,  and  it  was  doubtful,  whether  a  position,  so  ex- 
ceedingly degrading,  would  be  viewed  with  complacency  by 
their  own  government.  But  the  mortifications  to  which  they 
submitted,  ought  not  to  be  mentioned,  hereafter,  to  their 
discredit ;  for  they  endured  them  from  patriotic  and  praise- 
worthy motives.  They  were  well  aware  that  peace  was 
roost  important  to  the  American  people  and  government— 
not  only  peace,  but  a  solid  and  sincere  friendship  with  France. 
The  Directory,  the  government  during  that  period  in 
France,  was  not  impressed  with  a  single  feature  of  solidity 
or  permanency,  and  there  was  nothing  in  its  structure  that 
promised  to  be  more  lasting  than  the  forms,  which  had  pre- 
ceded it.  They  were  all  governments  created  for  the  exi- 
gencies of  the  moment,  and  they  gave  way  as  soon  as  the 
times  required  greater  concentration  of  power.  This  had 
been  the  progress  of  the  revolution.  The  Directory,  with 
its  council  of  500,  built  out  of  the  ruins  of  the  National 
Convention,  sunk  before  the  more  arbitrary  and  despotic 
form  of  the  consular  government.  The  ISth  Brumaire,  as 
it  is  now  termed  in  history,  overthrew  the  Directory,  dis- 
persed the  remnants  of  all  the  other  political  institutions, 
which  had  existed  in  France  since  the  abolition  of  royalty, 
and  created  the  first  permanent  government,  with  which  fo- 
reign nations  could  treat  in  safety  and  with  confidence.  The 
18th  Fructidor  produced  the  Directory.  But  the  18th  Bru- 
maire introduced  the  consular  fasces,  and  with  them,  as  in 
old  Rome,  the  imperial  eagle.  This  last  epoch  laid  the  foun- 
dation, since  the  year  '91,  of  the  fifth  constitution  in  France. 
The  confusion  and  irregularity  which  prevailed,  afforded  a 
convincing  proof  that  the  French  government  possessed  nei- 
ther power  at  home  nor  consideration  abroad.  Their  diplo- 
matic relations  were  interrupted  ; — few  of  the  old  govern- 
ments of  Europe  had  acknowledged  the  Directory,  and  those 
that  had  done  it,  had  been  compelled  to  that  step  by  the  suc- 
cesses of  the  French  armies.  The  revolution  was  truly  in 
nearly  as  rapid  a  progress  in  '98  and  '99  as  in  '89  and  '90. 
The  rulers  for  the  moment,  and  foreign  governments,  were 
fully  sensible  of  this  juncture  of  affairs.     The  first  were, 


CONVENTION  OF  1800  WITH  FRANCE. 


343 


,  80  ex- 

5ncy  by 
ich  they 
to  their 
praise- 
ice  was 
iroent— 
France, 
cried  in 
solidity 
;ure  that 
lad  pre- 
the  exi- 
in  as  the 
'his  had 
►ry,  with 
National 
despotic 
naire,  as 
Dry,  dis- 
titutions, 
royalty, 
hich  fo- 
te.    The 
8th  Bru- 
ro,   as  in 
the  foun- 
France. 
Iforded  a 
}sed  nei- 
jir  diplo- 
govern- 
Ind  those 
the  sue- 
truly  in 
land  »90. 
[ts,  were 
)t  were, 


iv' 


therefore,  less  indifferent  to  the  means  by  which  they  obtain- 
ed wealth  or  power ; — they  were  not  moved  by  feelings  of 
respect  for  other  states,  nor  inspired  with  notions  of  great 
and  permanent  policy ; — they  considered,  very  justly,  their 
own  condition  extremely  precarious,  for  the  dismal  experi- 
ence of  their  predecessors,  full  of  warnings,  was  fresh  before 
their  eyes.  In  the  beginning  of  the  revolution  the  most  vi- 
olent men  prevailed  ;  towards  the  end,  the  most  corrupt. 
Rulers,  who  do  not  hope  that  their  power,  much  less  their 
system,  will  be  prolonged,  cannot  be  expected  to  enter  deep- 
ly into  the  intricacies  of  foreign  negotiations.  The  perpetu- 
al danger  and  vacillations  of  such  a  government  destroy  all 
interest,  that  men  would  naturally  take  in  its  success.  A 
course  of  measures,  exceedingly  reprehensible,  and  requiring 
immediate  explanation  in  other  cases,  would  be  passed  over 
without  attention  in  a  country,  where  their  most  important 
domestic  affairs  were  conducted  in  a  confused  and  irregular 
manner,  and  where  changes  and  revolutions  were  constantly 
dreaded.  Nor  can  the  foreign  agent  expect  that  the  usual 
diplomatic  forms  will  be  observed  towards  him,  when  the 
persons  at  the  head  of  affairs  betray  an  absence  of  all  the  es- 
sential attributes  of  sovereignty.  "  I  have,  also,  repeatedly 
called  the  minister's  attention  to  the  obnoxious  acts  of  the 
late  assembly,  and  to  their  proposition  of  a  new  commercial 
treaty.  He  has  replied  very  candidly,  that,  for  himself,  he 
should  be  glad  to  settle  every  thing  to  my  satisfaction,  but 
that  his  ministerial  existence  is  too  precarious  to  undertake 
any  extensive  plan ;  that  the  attention  of  the  government  is 
turned  too  strongly  towards  itself  to  think  of  its  exterior  re- 
lations ;  and  that  the  assembly,  at  open  war  with  the  execu- 
tive, would  certainly  now  reject  whatever  should  be  present- 
ed to  them."*  We  do  not  make  these  remarks  as  a  justifi- 
cation of  the  French  government,  for  they  were  never  at  the 
trouble  of,  even,  acknowledging  the  American  ministers. 
But  they  will,  in  some  sort,  account  for  the  great  degree  of 
patience  and  resolution,  with  which  the  envoys  endured  the 

*  Extract  from  letter  of  3Ir,  JMonis,  July  10, 1792.        =  -^^  - 


if 


d44 


CONVENTION  OF  1800  WITH  FRANCS. 


neglect  of  the  Directory.  They  were,  besides,  intrusted 
with  a  special  mission  ;  it  was,  therefore,  their  duty  to  re- 
main till  they  were  satisfied  of  the  impossibilitv  of  accom- 
plishing the  objects  for  which  they  had  been  sent.  We  find 
Ihem  still  at  Paris  in  the  beginning  of  the  next  year,  so  far, 
indeed,  from  having  passed  through  the  first  steps  of  a  nego- 
tiation, that  the  determination  of  not  even  receiving  them, 
appeared  more  deeply  fixed  every  day  in  the  mind  of  the 
Directory. 

Having  done  every  thing  that  the  great  principles  of  the 
administration  at  home,  and  the  special  objects  of  their  mis- 
sion required  from  them  in  its  fullest  latitude,  they  resolved, 
towards  the  end  of  January  '98,  to  address  a  final  letter  to 
the  Minister  of  Foreign  Relations.  This  letter,  a  very  long 
one,  examined,  in  an  able  manner,  the  whole  unfortunate 
controversy  that  existed  between  the  two  governments,  and 
concluded  with  these  expressions  : 

"  Three  citizens  ofthe  United  States  have  been  deputed,  as  en- 
voys extraordinary  and  ministers  plenipotentiary  to  the  French  re- 
public. Their  instructions  authorize  and  direct  them  to  review 
the  existing  treaties  between  the  two  nations,  and  to  remove  by  all 
proper  means  the  inequalities,  which  have  grown  out  ofthe  stipu- 
lations of  those  treaties,  in  consequence  of  the  refusal  of  England 
to  adopt  the  principles  they  contain.  Bringing  fvith  them  the  tem- 
per of  their  government  and  country,  searching  only  for  the  nieans 
of  effecting  the  objects  of  their  mission,  they  have  permitted  no 
personal  considerations  to  influence  their  conduct,  but  have  waited 
under  circumstances,  beyond  measure  embarrassing  and  unpleasant, 
with  that  respect  the  American  government  has  so  uniformly  paid 
to  that  of  France,  for  permission  to  lay  before  you,  citizen  minis- 
ter, these  important  communications,  with  which  they  have  been 
charged.  Perceiving  no  probability  of  being  allowed  to  enter  in 
the  usual  forms  on  those  discussions,  which  might  tend  to  restore 
harmony  between  the  two  republics,  they  have  deemed  it  most 
advisable,  even  under  the  circumstances  of  informality,  which  at- 
tend the  measure,  to  address  your  government  through  you,  this 
candid  review  of  the  conduct,  and  this  true  representation  of  the 
sentiments  and  wishes,  of  the  government  of  the  United  States. 


CONVENTION  OF  1800  WITH  FRANCE. 


345 


rusted 
to  re- 
iccom- 
^e  find 
so  far, 
I  nego- 
;  them, 
of  the 

of  the 
Bir  mis- 
jsolved, 
3tter  to 
sry  long 
)rtunate 
nts,  and 

■I 
id,  as  en- 
re  nch  re- 
[>  review 
ove  by  all 
|the  stipu- 
England 
the  tem- 
he  means 
nitted  no 
re  waited 
ipleasant, 
•only  paid 
en  minis- 
ave  been 
enter  in 
0  restore 
it  most 
Iwhich  at- 
you,  this 
m  of  the 
id  States. 


They  pray  that  it  may  be  received  in  the  temper,  with  which  it  is 
written,  and  considered  as  an  additional  effort,  growing  out  of  a 
disposition,  common  to  the  government  and  people  of  America,  to 
cultivate  and  rf^store,  if  it  be  possible,  harmony  between  the  two 
republics.  If,  citizen  minister,  there  remains  a  hope  that  these 
desirable  objects  can  be  efl'ected  by  any  means,  which  the  United 
States  have  authorized,  the  undersigned  will  still  solicit,  and  will 
still  respectfully  attend  the  development  of  tliose  means.  If,  on 
the  contrary,  no  such  hope  remains,  they  have  only  to  pray,  that 
their  return  to  thei"*  own  country  may  be  facilitated,  and  they  will 
leave  France  with  the  deep  felt  regret,  that  neither  the  real  and 
sincere  friendship,  which  the  government  of  the  United  States  has 
so  uniformly  and  unequivocally  displayed  for  this  great  republic, 
nor  its  continued  efforts  to  demonstrate  the  purity  of  its  conduct 
and  intentions,  can  protect  its  citizens,  or  preserve  them  from  the 
calamities,  which  they  have  sought,  by  a  just  and  upright  coQduct, 
to  avert."  . 

To  this  communication,  M.  de  Talleyrand  made  an  elabo- 
rate and  detailed  answer  on  the  18th  of  March  following. 
He  informed  the  commissioners  he  had  laid  their  letter  be- 
fore the  Directory,  and  it  was  by  their  instruction,  that  he 
at  that  time  replied  to  it.  In  the  course  of  the  letter,  he  ad- 
dressed them  by  the  title  of  the  commissioners  and  envoys 
extraordinary  of  the  United  States.  We  shall  not  recapitu- 
late the  facts  or  arguments  of  this  communication,  as  they 
are  but  a  repetition  of  the  remarks  and  sentiments  of  the 
French  ministers  in  America.  But  in  it  is  disclosed,  for  the 
first  time,  an  arrangement,  which,  we  believe,  is  altogether 
novel  in  diplomacy.  IVl.  de  Talleyrand  declares  plainly,  that 
the  Directory  prefer  to  treat  with  one  only  of  the  envoys,  as 
the  opinions  of  the  others  preclude  that  mutual  confidence, 
indispensable  to  negotiation.  America,  certainly,  intrusted 
to  these  three  commissioners,  men,  upon  whose  abilities  and 
integrity  she  relied,  the  power,  jointly  or  severally,  to  con- 
clude a    treaty  with   France.      But    she  never  intended   to 

the  right  and  privilege  of 


concede  to  a  foreign 


government 


selecting  such  of  the  envoys,  as  might  be  thought  most  pro- 
per for  the  purpose  of  conducting  the  negotiation.     Nor  can 

VOL.    I.  44 


n  i;. 


346 


CONVENTION  OF  1800  WITH  FRANCE. 


';< 


it  be  considered,  under  any  circumstances,  very  decorous  to 
allude  to  the  political  sentiments  of  foreign  ministers.  Em- 
ployed for  the  purpose  of  representing  the  views  of  a  go- 
vernment, their  own  private  opinions  cannot  well  be  brought 
into  notice  ;  for,  as  ministers  at  a  foreign  court,  they,  in  re- 
ality, possess  no  private  character.  They  are  the  represen- 
tatives of  a  nation,  and  to  complain  of  the  political  sentiments 
of  these  men,  is,  in  other  words,  to  complain  of  the  political 
sentiments  of  the  nation  itself.  We  shall  now  quote  the  ex- 
pressions of  M.  de  Talleyrand.  The  reader  will  observe, 
that  they  are  not  characterized  by  much  regard,  either  for 
the  American  government,  or  its  envoys  : 

^'  It  is  finally  wished  to  seize  the  first  favourable  occasion  to  con- 
summate an  intimate  union  with  a  "power,  (England)  towards  >Thich 
a  devotion  and  partiality  is  professed,  which  has  long  been  the 
principle  of  the  conduct  of  the  Federal  Government.  The  inten- 
tions, which  the  undersigned  here  attributes  to  the  government  of 
the  United  States,  are  so  little  disguised,  that  nothing  seems  to  have 
been  neglected  at  Philadelphia  to  manifest  them  to  every  eye.  It 
is  probably  with  this  view  that  it  was  thought  proper  to  send  to  the 
French  republic,  persons,  whose  opinions  and  connexions  are  too 
well  known  to  hope  from  them  dispositions,  sincerely  conciliatory. 
It  is,  therefore,  only  in  order  to  smooth  the  way  to  discussion,  that 
the  undersigned  has  entered  into  the  preceding  explanations.  It  is 
with  the  same  view,  that  he  declares  to  the  commissioners  and  en- 
voys extraordinary,  that  notwithstanding  the  kind  of  prejudice, 
which  has  been  entertained  with  respect  to  them,  the  Executive 
Directory  is  disposed  to  treat  with  that  one  of  the  three,  whose 
opinions,  presumed  to  be  more  impartial,  promise,  in  the  course  of 
the  explanations,  more  of  that  reciprocal  coniidence,  which  is  in- 
dispensable.^' 

A  proper  and  dignified  reply,  sij^ned  by  all  the  commis- 
sioners, was  made  to  this  extraordinary  intimation  ;  though 
it  was,  April  3,  '98,  followed  by  a  communication,  addressed 
to  Mr.  Gerry  alone,  in  these  words  : — 

"  I  suppose,  Sir,  that  Messrs.  Pinckney  and  Marshall  have  thought 
it  useful  and  proper,  in  consequence  of  the  intimations  given  in  the 
end  of  my  note  of  the  28th  Vcntosc  last,  and  the  obstacle,  which 


ffM 


CONTKNTION   OF    1800    WITH    FRANCE. 


S47 


>rous  to 
.  Ein- 
of  a  go- 
brought 
r,  in  re- 
jpresen- 
ntiment8 
political 
!  the  ex- 
observe, 
ither  for 

3n  to  con- 
rds  \Thich 
been  the 
he  inten- 
rnment  of 
la  to  have 
r  eye.     It 
end  to  the 
s  are  too 
iciliatory. 
3sion,  that 
ons.    It  is 
rs  and  en- 
irejudice, 
.xecutive 
36,  whose 
course  of 
ich  is  in- 

commis- 
though 
ddressed 

e  thought 
■en  in  the 
c,  which 


their  known  opinions  have  interposed  to  the  desired  rcconcilinlion, 
to  quit  the  territory  of  the  repuMic.  On  this  supposition,  I  have 
the  honour  to  point  out  to  you  the  5tli  or  the  7lh  of  tliis  decade  to 
resume  our  reciprocal  communications  upon  the  interests  of  the 
French  republic  and  the  United  States  of  America." 

The  necessary  passports  and  letters  of  safe  conduct  were 
shortly  after  sent  to  Mr.  Marshall  and  Mr.  Pinckney.  The 
former  gentleman  embarked  without  delay  for  the  United 
Slates  ;  but  Mr.  Pinckney,  on  account  of  the  alarming  ill- 
ness of  his  daughter,  was  permitted  to  remain  a  few  months. 
This  special  and  extraordinary  mission  here  properly  ter- 
minated. Although  a  joint  or  several  power  was  bestowed 
on  the  commissioners,  the  interpretation  they  had  put  on 
their  instructions  forbade  them  to  act  separately.  The  ob- 
ject of  the  Directory  could  not  be  mistaken  in  omitting  to 
send  passports  to  Mr.  Gerry  ;  it  was  to  detach  him  from  his 
colleagues,  and  to  induce  him  to  enter  into  a  separate  nego- 
tiation. Whatever  may  be  thought  of  the  propriety  of  Mr. 
Gerry's  remaining  in  France  after  the  departure  of  the  other 
members  of  the  commission,  or  of  his  neglecting  perempto- 
rily to  demand  his  passports,  it  appears  that  he  did  not  take 
that  step  for  the  purpose  of  undertaking  a  discussion  of  the 
disputed  topics,  nor  did  he  conceive  that,  separate  from  his 
colleagues,  he  was  invested  with  any  power  to  treat.  We 
have  his  own  words  in  support  of  this  opinion,  in  answer 
to  the  letter  of  M.  Talleyrand  of  April  3d,  written  the  next 
day  : — 

"  You  have  proposed,  citizen  minister,  the  Tjth  or  7th  of  this 
decade  for  me  to  resume  (reprendre)  our  reciprocal  communica- 
tions upon  the  interests  of  the  French  republic  and  of  the  United 
States.  The  reciprocal  communications,  which  we  have  had, 
were  such  only  as  1  have  alluded  to  in  the  beginning  of  this  letter, 
unless  your  proposition,  accompanied  with  an  injunction  of  secrecy 
for  me  to  treat  separately,  is  considered  in  this  light.  To  resume 
this  subject  will  be  unavailing,  because  the  measure,  for  the  reasons 
which  I  then  urged,  is  utterly  impracticable.  1  can  only  then  con- 
fer informally  and  unaccredited  on  any  subject  respecting  our  mis- 
sion and  communicate  to  the  government  of  the  United  States  the 


348 


CONVENTION   OF    1800   WITH    FRANCK. 


..H 


result  of  such  conferences,  being  in  my  individual  capacity  unau- 
thorised to  give  them  an  oilicial  stamp/' 

Mr.  Gerry  stated  to  the  American  government,  that  he 
did  not  leave  Paris  with  his  colleague,  because  the  Minister 
of  Foreign  Relations  had  assured  him,  that  event  would  be 
followed  by  an  immediate  declaration  of  war  on  the  part  of 
France.     We  are  not  aware  that   the  certain  occurrence  of 
that  state  of  things  altered  at  all  his  position.     The  Com- 
mission had  agreed  that  no  one  of  the  members  could  treat ; 
nor  any  two  withdraw  while  a  possibility  of  negotiation  re- 
mained.    When  Messrs.   Pinckncy   and   Marshall  received 
their  passports,  Mr.   Gcny   informed  the   minister  that  ho 
could  not  renew    any  discussions  ofHcially,  for  ho  was  no 
longer  a  minister.     And  in  a  private  letter  to  the  President 
about  this  time,  he  complains  very  much  of  the  situation  in 
which   he   was  placed,   of  having  "  brought  himself  into   a 
predicament  in  order  to  support  his  (Mr.  Adams')  adminis- 
tration."    Neither  of  the  three  ministers  had  ever  been  ac- 
credited ; — two  had  been  ordered  to  leave  France,  and  the 
third  declared,   that  the   circumstance   reduced  him  to  the 
situation  of  a  private  person.     We  are  at  a  loss,  therefore, 
to  conceive  how  the  departure  of  the  third  envoy  could  have 
led   to   a  declaration  of   war,  particularly  as  Mr.  Gerry  did 
shortly  after,  on  receiving  the  letter  of  recall  of  March  23, 
addressed  to  all  the  envoys,  demand  his  passport  and  in  the 
course  of  the   summer,   as   soon,  indeed,  as   he    could  get 
away,  did  actually  leave  France.      If  war  had  been  declared, 
none  of  the  blame  of  it  could  have  been  imputed  to  either  of 
the  envoys.      France  would  have  declared  it  upon  her  own 
responsibility,   and    after   her   treatment   of   Mr.    Pinckney 
during  his   embassy  in  '96,  and  .igain,  of  the  commissioners 
in  '97  and  98,  it  seems  unmeaning  in  her  government   to 
make  this  event  depend  upon  a  step  entirely  immaterial  in 
every  point  of  view.     Mr.  Gerry,  himself,  has  made  some 
just  remarks  on  this  subject  in  his  letter  of  July  1st  to  M. 
Talleyrand: —  "' 

"  It  is  inconceivable  to  me,  that,  being  withoui  powers  to  negotiate^ 


CONTENTION  OF  1800  WITH  FRANCE. 


349 


y  unau* 

hat  he 

[inister 

uld  be 
part  of 

3nce  of 

i  Cotn- 

1  treat ; 

tion  re- 

■eceived 

that  ho 
was  no 

'resident 

iation  in 

f  into  a 

adminis- 

been  ac- 
and  the 

n  to  the 

herefore, 
uld  have 
erry  did 
arch  23, 
id  in  the 
ould  get 
eclared, 
either  of 
Iher  own 
inckney 
issioners 
ment   to 
terial  in 
Ide  some 
St  to  M. 

negotiate^ 


my  return  to  the  United  States,  nfter  such  long  notice  can  be  sup- 
posed in  any  degree  to  close  the  door  to  subsequent  steps  for  a  re- 
conciliation.  The  door  has  always  been,  ond  still  is  open  on  the 
part  of  the  government  of  the  United  States.  It  is  impossible  for 
any  government  to  exceed  it,  in  the  moderation  and  justice  of  its 
measures  towards  France,  or  in  its  perseverance  and  patience  to 
execute  them  ;  but  it  having  failed  in  two  attempts,  will  not  France 
make  one  elTort  to  obtain  a  reconciliation  between  tlic  two  repub- 
lics? Consider  the  disitgrccnblc  predicament  in  which  the  govern- 
ment of  the  United  States  has  been  involuntarily  jilaccd,  and  it  is 
conceived  you  cannot  fail  to  see  tlie  propriety  and  policy  of  this 


1? 


measure. 

M.  de  Talleyrand  was  at  great  pains  to  induce  Mr.  Gerry 
to  remain  ;  after  the  departure  of  tiie  other  commissioners  he 
addressed  several  letters  to  him,  soliciting  him  with  uncom- 
mon eagerness  to  renew  the  discussions  ;  an  invitation  which, 
we  imagine,  Mr.  Gerry  did  not  consider  of  a  complimentary 
nature.  In  one  of  his  last  communications  M.  de  Talleyrand 
writes,  "  I  therefore  urge  you  more  pressingly  than  ever, 
while  1  refer  to  what  I  have  already  written  on  the  subject, 
to  postpone  your  departure  and  to  attend  quickly  to  the  dis- 
cussions, which  I  shall  present.  I  will  add  that  in  the  situa- 
tion, in  which  you  stand,  it  is  contrary  to  all  usage  to  depart 
without  giving  notice,  that  you  have  received  an  order  to  that 
effect.  That  the  usage,  on  the  contrary,  is,  when  a  doubt  is 
raised  as  to  the  full  power,  for  the  envoy  to  wait  the  decision 
of  his  government."  The  American  commissioner  could  not 
have  been  much  pleased  with  this  attempt  to  separate  him 
from  his  colleagues,  and  to  propose  negotiations  to  one  of  the 
ministers,  which  had  not  only  been  denied  to  the  whole  com- 
mission, but  had  actually  been  withheld,  till  a  majority  of 
them  were  virtually  expelled  from  the  territories  of  the  Re- 
public. 

A  proposition  on  the  fourth  of  February  had  been  made, 
that  Mr.  Gerry  should  treat  separately.  This  was  declined. 
The  envoy  remained  at  Paris  without  an  otHcial  character, 
waiting  to  receive  the  instructions  of  his  government.  He 
appears,  to  have  been  persuaded  that  the  Directory  in  reali- 


350 


CONVENTION    OF     1800    WITH     FRANCE. 


ty  were  desirous  of  peace,  and  that  in  communications  of  an 
informal  nature  he  should  be  able  to  arrange  the  outline  of  a 
treaty.     This  had  originally  been  a  part  of  one  of  the  plans 
proposed  to  Talleyrand  by  the  commission,  but  it  was  not  at 
the  time  acceptable  to   the  minister.     In  the   beginning  of 
May,  Mr.  Gerry  received  the  letter  of  the  Secretary  of  State 
of  March   23d,  addressed  to  the   commissioners,   directing 
them  to  apply  for  passports,  unless  certain  conditions,  speci- 
fied in  the  letter,  were  complied  with  by  the  French  govern- 
ment.     Shortly  after,  he  demanded   his  passport,   but,  not- 
withstanding repeated  applications,  both  verbal  and  written, 
he  did  not  succeed  in  leaving  Paris  till  the  latter  part  of  July. 
We  know  not  how  to  explain  the  conduct  of  the  Directory, 
unless,  indeed,  it  entertained  the  expectation  that  the  Ameri- 
can people  would  assist  it  in  demolishing  the  administration ; 
an   error   very  likely  to   arise    where   the    freedom    of  the 
press  is  so  unlimited,  and  where  the  popular  voice  is  so  con- 
stantly and  forcibly  expressed.      Foreign  nations  have  consid- 
ered administrations  at    the   last  gasp,   the  union    even  in 
jeopardy,  and  one  portion  of  tlie  people  claiming  their  aid  as 
allies,  when,   in  truth,   it  waj   only  an    exceedingly    violent 
state  of  party  feeling,  vastly  heightened   by  mutual  recrimi- 
nation.    Parties    have  contended    in    this  country    with    a 
warmth,  often  to  be  deplored,   but   these  contentions   have 
never  had  f  jr  their  object  the  life  of  the  confederacy.      They 
turned  entirely  on    the  course  of  policy  pursued    by  the  ad- 
ministration of  the  day  ;  and,  as  this  policy  was  unavoidably 
much  controlled  by  the  measures   of  the  two   great  bellige- 
rents, one  of  the  parties  was  necessarily  the  advocates  of  the 
acts  of  a  foreign  government.      This  circumstance   certainly 
deceived  France  at  the  time,  of  which  we  are  now  speaking, 
and  at  a  subsequent  period.  Great  Britain.     Those  govern- 
ments mistook  the  parties  that,  at  different  epochs,  vindicat- 
ed their  measures,  as  their  allies  in  this  country ;  though,  in 
truth,  they  were  but  opponents  of  each  other.      The  Direc- 
tory, it  is  quite  evident,  calculated  with  confidence,  not  only 
upon    a   party    in  America,    but   upon    an  alliance  with  the 
Anierican  people.     The  reception  of  M.  Genet  and  the  re- 


CONVENTION   OF    1800    WITH    TRANCE. 


351 


IS  of  an 
ine  of  a 
e  plans 
9  not  at 
ning  of 
3f  State 
irecting 
t,  speci- 
govern- 
ut,  not- 
written, 
of  July, 
rectory, 
Ameri- 
.tration ; 
of  the 
so  con- 
I  consi  el- 
even in 
ir  aid  as 
violent 
recrimi- 
with    a 
IS   have 
They 
the  ad- 
'oidably 
jellige- 
of  the 
rtainly 
)eaking, 
govern- 
ndicat- 
ugh, in 
Direc- 
lot  only 
kith  the 
the  re- 


presentations of  the  French  ministers  would  very  easily 
have  produced  that  expectation  and  belief.  The  enticing 
principles  of  their  revolution  gained  as  many  victories  as  the 
brilliant  valour  of  their  armies; — in  all  the  countries  they 
marched  to  conquer,  they  found  allies.  And  if  there  was  a 
popular  party  (literally  speaking)  in  Italy,  in  Germany,  in 
the  Low  Countries,  we  cannot  be  surprized  that  the  Direc- 
tory should  expect  to  find  one  in  America.  Most  undoubt- 
edly they  would  not  have  been  disappointed  in  this  expecta- 
tion, if  the  American  people  had  not  always  been  accustomed 
to  liberty,  to  a  representative  government,  practically  very 
free,  and  latterly  to  popular  institutions,  carried  to  an  ex- 
treme limit.  It  has  often  been  remarked  that  the  aristocra- 
cy of  England,  (the  great  number  of  men  of  rank  and 
property  united  with  vigorous  minds  and  a  careful  education) 
saved  that  country  from  the  propagation  of  the  revolutionary 
principles  of  France.  The  democracy  of  America  had  the 
same  effect  here.  The  first  sensation  produced  by  the  revo- 
lution was  a  very  alarming  one,  but  the  country  soon  recov- 
ered from  the  intoxication  of  the  times.  The  chalice  con- 
tained nothing,  the  people  did  not  already  possess,  and  this 
was  perfectly  obvious  because  the  n)eaniiig  and  value  of 
liberty  were  well  understood.  The  imaginations  of  the  citi- 
zens were  not  tainted  or  inflamed ;  for  they  had  got  to  that 
state,  where  freedom  and  independence  were  not  an  affair 
either  of  romance  or  sentiment,  but  of  daily  use  and  practi- 
cal application.  The  nation  was,  tlierefore,  soon  unavoida- 
bly thrown  into  the  situation  of  a  spectator  of  the  struggles 
of  other  countries  for  freedom.* 

*  It  cannot  with  truth  be  said,  that  the  ohjcct  of  the  Directory  pre- 
vailed in  this)  business.  Tiie  ndniinistration  was  dcniolislicd,  but  wc 
lielieve  the  French  war  had  little  to  do  with  that  event.  Peace  was 
made  before  the  second  canvass  for  the  election  of  President,  and  the 
change  of  politics  is  to  be  attributed  altoj^ether  to  domestic  causes. 
Parties  were  at  that  time  settling  themselves,  and  the  crisis  just  then 
took  place.  We  have  said  in  tlte  text  that  the  division  of  pai  ties  was 
produced  by  the  course  of  measures  of  the  adniinirftralion  of  the  day. 
This  remark  may  be  misuncierstood  without  a  word   of  e.xplauation. 


353 


CONVENTION  OF  1800  WITH  FRANCE. 


The  Directory  were  in  the  habit  of  ordering  foreign  minis- 
ters to  quit  the  French  territories,  and  of  violating  in  their 
persons  the  necessary  and  well  established  usages  of  nations. 
Most  of  the  govornments  of  the  continent  of  Europe  found  it 
necessary  to  submit  to  these  indignities;  for  they  feared 
their  own  people  quite  as  much  as  the  French  armies.  Rea- 
soning from  the  same  causes  the  Directory  applied  the  same 
sj'stem  to  the  United  States; — they  commenced  it  with  Mr. 
Pinckney ; — he  was  ordered  to  leave  France.  On  ordinary 
occasions,  this  measure  would  have  provoked  a  war  or  would 
have  required  explanations.  Neither  step  was  taken  by 
America.  The  government  viewed  with  a  proper  degree  of 
indignation  this  outrage  upon  its  dignity,  but  it  was  neither 
dismayed  nor  irritated.  It  desired  peace,  and  very  justly 
attributed  the  violence  of  the  Directory  to  the  peculiar  junc- 
ture of  aflairs  in  France  rather  than  to  any  settled  animosity 
in  the  French  people.  Without  delay,  another  special  and 
extraordinary  mission  was  appointed  and  sent  to  Paris.  This 
mission  was,  also,  ordered  to  leave  the  French  territories. 
Thus  in  twelve  months  the  Directory  had  twice  suspended, 
in  an  intemperate  and  unusual  manner,  all  diplomatic  inter- 
course between  France  and  the  United  States.  Even  if  the 
prospect  of  peace  had  not  been  hopeless,  enough  had  been 
done  by  America  to  accomplish  that  most  desirable  object. 
The  government  resolved  then  upon  war,  it  is  true,  rather 
of  a  defensive  than  an  offensive  kind.  They  adopted  various 
war  meap"res,  which  we  shall  not  recite,  as  they  do  not  be- 
long to  v  ;  ork.  The  treaty  of  '78  was  declared  no  longer 
obligatory  on  the  United  States,  though  it  may  Ut  well  doubt- 
ed whether  one  government  has  power  to  dissolve  a  contract 

The  true  party  line  was  drawn  by  tlie  clifTercnt  morios,  in  which  men 
construetl  the  constitution.  Tiiis  is  the  ori<rinal  and  only  permanent 
distinction.  Enropcan  politics  became  mingled  with  this  primitive 
division  ;  and  the  most  vehement  party  heat,  we  have  yet  witnessed, 
has  appeared  to  have  been  struck  out  of  the  collision  of  opinions  on 
that  topic.  But,  we  believe,  that,  in  reality,  the  second  President  fell 
a  sacrifice  to  the  opinions,  he  gave  evidence  of  holding,  in  regard  to 
the  powers,  literal  or  implied,  Oiihe  conslilulion. 


n  minis- 
in  their 
nations, 
found  it 
r  feared 
}.    Rea- 
he  same 
vith  Mr. 
Drdinary 
)r  would 
iken  by 
egree  of 
neither 
y  justly 
iar  junc- 
nimosity 
cial  and 
is.    This 
rritories. 
spended, 
ic  inter- 
en  if  the 
ad  been 
1  object. 
?,  rather 
various 
not  be- 

0  longer 

1  doubt- 
ontract 

hich  men 
;rmanent 
Iprimitive 
[itnessed, 
lions  on 
lident  fell 
[•egard  to 


CONVENTION  OF  1800  WITH  FRANCE. 


353 


of  this  description.  This  state  of  things  lasted  nearly  a  year, 
and  several  naval  actions  took  place  between  the  vessels  of 
the  two  nations.*  '  .     t  -'  , 

The  Directory  were  not  at  all  desirous  of  proceeding  to  the 
extremity  of  war.  They  did  not  believe  the  United  States 
would  have  the  firmness  and  resolution  to  break  through  the 
system  of  peace  and  neutrality,  they  had  prescribed  for  them- 
selves. They  had  never  been  in  a  state  of  hostility  with  any 
European  nation,  and  it  is  remarkable,  that  the  earliest  friend 
of  this  country  should  have  been  its  lirst  enemy.  But  as  soon 
as  France  had  ascertained  that  America  would  not  renew  its 
endeavours  at  negotiation  ;  on  the  contrary,  that  the  country 
had  adopted  decided  and  positive  measures,  an  indirect  at- 
tempt was  immediately  made,  by  the  Minister  of  Foreign  Re- 
lations, to  pacify  the  American  government.  M.  Pichon, 
secretary  of  the  French  Legation,  either  by  the  direction  of 
M.  Talleyrand,  or  in  the  natural  course  of  society,  held  sev- 
eral political  conversations  with  Mr.  Murray,  at  this  time 
minister  at  the  Hague,  on  the  state  of  the  two  countries. 
He  submitted  to  that  gentleman's  perusal,  letters  he  had  re- 

*  The  a.'t,  declaring  the  treaties  with  France  no  longer  obligatory 
on  the  United  States,  was  approved  by  President  Adanjs,  Jnly  7, 
1798.  The  only  proper  name  to  give  to  this  proceeding  is  a  declara- 
tion of  war ;  in  no  other  view  is  it  possible  to  assign  to  it  a  definite 
meaning  or  purpose.  The  act  is  in  these  words  :  "  Whereas  the  trea- 
ties concluded  between  the  United  States  and  France,  have  been  re- 
peai?dly  violated  on  tho  part  of  the  French  government,  and  the  just 
claims  of  the  United  States  for  the  rcj)aration  of  injuries  so  committed, 
have  been  refused,  and  their  attempts,  to  negotiate  an  amicable  ad- 
justment of  all  complaints  between  the  two  nations,  have  been  repel- 
led with  indignity,  and,  whereas,  under  authority  of  the  French  govern- 
ment, there  is  yet  j: Uisucd  against  the  United  States  a  system  of  pre- 
datory violence,  infracting  the  said  treaties,  and  hostile  to  the  rights 
of  a  free  and  independsnt  nation, — Be  it  enacted,  &c.  That  the  Unit- 
ed States  arc,  of  right,  freed  and  exonerated  from  the  stipulations  of 
the  treaties,  and  of  the  consular  conveation,  heretofore  concluded  be- 
tween the  United  States  and  France,  and  tliat  the  same  shall  not 
henceforth  bo  regarded  as  legally  obligatory  on  the  government  or 
citizens  of  the  United  States." 


VOL.     I. 


45 


m; 


334 


CONVENTION  OF  1800  WITH  FRANCE. 


nm 


ceived  from  the  minister,  obviously  written  for  the  purpose 
of  being  shown,  and  intended  to  remove  the  impression,  the 
American  government  justly  entertained, —  that  the  Directory 
were  not  solicitous  to  conciliate  their  good  opinions.  In  a 
letter  of  Aug.  28,  '98,  M.  Talleyrand  says, 

"  What,  therefore,  is  the  cause  of  the  misunderstanding',  which, 
if  France  did  not  manifest  herself  more  wise,  would  henceforth  in- 
duce a  violent  rupture  between  the  two  republics  ?  Neither  in- 
compatible interests,  nor  projects  of  aggrandizement,  divide  them. 
After  all,  distrust,  alone,  h.is  done  the  whole.  France,  in  fine,  has 
a  double  motive,  as  a  nation,  and  as  a  republic,  not  to  expose  to 
any  hazard  the  present  existence  of  the  United  States.  Therefore, 
it  never  thought  of  making  war  against  them,  nor  exciting  civil 
commotions  among  them  ;  and  every  contrary  supposition,  is  an  in- 
sult to  common  sense."  And,  in  a  subsequent  one,  "  You  were 
right  to  assert,  that,  whatever  plenipotentiary  the  government  of 
the  United  States  might  send  to  France,  in  order  to  terminate  the 
existing  differences  between  the  two  countries,  would  be,  undoubt- 
edly received  with  the  respect,  due  to  the  representative  of  a  free, 
independent  and  powerful  nation." 

This  declaration  was  of  the  greatest  importance,  for  if 
made  in  sincerity,  it  removed  the  only  impediment  to  a  re- 
newal of  the  negotiation.  Mr.  Murray,  having  transmitted 
an  account  of  these  conversations,  and  a  copy  of  the  letters, 
to  his  government,  the  President,  without  delay,  (March 
1799)  appointed,  with  the  consent  of  the  Senate,  a  second 
commission  to  proceed  to  France.  It  consisted,  originally, 
of  Oliver  Ellsworth  of  Connecticut,  Patrick  Henry  of  Vir" 
ginia,  and  William  Vans  Murray,  then  at  the  Hague.  Mr. 
Henry  declined,  on  account  of  ill  health.  As  this  is  the  only 
diplomatic  office,  to  which  this  celebrated  man  was  ever 
nominated,  under  the  constitution,  we  shall  insert  the  whole 
of  the  letter  written  by  him,  on  the  occasion  : 

"  Sir, — Your  favour,  of  the  26th  ult.,  did  not  reach  me  till  two 
days  ago.  I  have  been  confined,  for  several  weeks,  by  a  severe 
indisposition,  and  am  still  so  sick,  as  to  be  scarcely  able  to  write 
this.  My  advanced  age,  and  increasing-  debility,  compel  me  to 
abandon  every  idea  of  serving  my  country,  where  the  scene  of 


purpose 
sion,  the 
)irectory 
}.     In  a 


g,  which, 
eforth  in- 
sither  in- 
ide  them. 

1  fine,  has 
expose  to 
'herefore, 
iting  civil 
n,  is  an  in- 
You  were 
rnment  of 
ninate  the 
;,  undoubt- 

2  of  a  free, 

ce,  for  if 
^  to  a  re- 
ansmitted 
le  letters, 
,  (March 
a  second 
)riginaUy, 
Y  of  Virt- 
ue.    Mr. 
the  only 
Ivi'as  ever 
he  whole 

le  till  two 
a  severe 
to  write 

)el  me  io 
scene  of 


CONVENTION  OP  1800  WITH  FRANCE. 


355 


operation  is  far  distant,  and  her  interests  call  for  incessant  and  long 
continued  exertion.  Conscious  as  I  am  of  my  inability  to  discharge 
the  duties  of  envoy,  SiC.  to  France,  to  which,  hy  the  commission 
you  send  me,  I  am  called,  I  herewith  return  it.  1  cannot,  however, 
forbear  expressing,  on  this  occasion,  the  high  sense  I  entertain  of 
the  honour  done  me,  by  the  Pre.siilent  and  Senate,  in  the  appoint- 
ment :  and  I  beg  of  you,  sir,  to  present  me  to  them  in  terms  of  the 
most  dutiful  regard  ;  assuring  them,  that  this  mark  of  their  confi- 
dence in  me,  at  a  crisis  so  eventful,  is  a  very  agreeable  and  flatter- 
ing proof  of  their  consideration  towards  me;  and  that  nothing  short 
of  absolute  necessity,  could  induce  me  to  withhold  my  little  aid 
from  an  administration,  whose  abilities,  patriotism  and  virtue,  de- 
serve the  gratitude  and  reverence  of  all  their  fellow  citizens." 

Mr.  Davie  of  North  Carolina  was  subsequently  appointed. 
Mr.  Murray  was  directed  to  give  notice  of  this  pacific  pro- 
ceeding to  the  Minister  of  Foreign  Relations,  and  to  assure 
him  that  Messrs.  Ellsworth  and  Davie  would  "  not  embark 
for  Europe  until  they  shall  have  received  from  the  Execu- 
3  tive  Directory  direct   and  unequivocal   assurances,  signified 

by  their  Secretary  of  Foreign  Relations,  that  the  envoys 
shall  be  received  in  character  to  an  audience  of  the  Directo- 
ry, and  that  they  shall  enjoy  all  the  prerogatives,  attached 
to  that  character  by  the  law  of  nations  ;  and  that  a  minister 
or  ministers  of  equal  powers  shall  be  appointed  and  commis- 
sioned to  treat  with  them."  This  appears  to  have  been 
very  welcome  news  to  the  Directory  ; — they  did  not  delay 
to  give  the  assurance  required. 

"  The  Executive  Directory,  being  informed  of  the  nomination  of 
Mr.  Oliver  Ellsworth,  of  Mr.  Patrick  Henry,  and  of  yourself,  as 
Envoys  Extraordinary  and  Ministers  Plenipotentiary  of  tlie  United 
States  to  the  French  republic,  to  discuss  atid  tern)inate  all  differ- 
ences which  subsist  between  the  two  countries,  sees  with  pleasure 
that  its  perseverance  in  pacific  sentiments  has  kept  open  the  way 
to  an  approaching  reconciliation.  It  has  a  'ong  time  ago  mimilest- 
ed  its  intentions  v.ith  respect  to  this  subject.  Be  pleased  to  trans- 
mit to  your  colleagues,  and  accept  yourself  the  frank  and  explicit 
assurance  that  it  will  receive  the  envoys  of  the  United  States  in 
the  ofhcial  character,  with  which  they  are  invested,  and  that  they 


356 


CONVENTION    OF    1800   WITH   FRANCE. 


••I 


shall  enjoy  nil  the  prerogatives,  which  are  attached  to  it  by  the 
law  of  nations,  and  that  one  or  more  ministers  shall  be  duly  au- 
thorized to  treat  with  them." 

The  coramissioners  accordingly  sailed  for  France.  The 
nomination  of  this  second  commission  was  exceedingly  op- 
posed by  a  portion  of  the  citizens.  They  considered  that 
France  had  grievously  insulted  this  country,  and  they  were 
not  disposed  to  renew,  by  their  own  gratuitous  act,  negotia- 
tions, which  had  formerly  not  only  been  unsuccessful,  but 
were  attended  with  many  irritating  and  provoking  circum- 
stances. A  belief  was,  also,  entertained  that  the  Bourbons 
would  be  restored.  The  coalition,  then  formed  for  that  pur- 
pose, or  rather  for  the  overthrow  of  the  revolution  govern- 
ment, had  commenced  with  appearances  of  ultimate  success, 
particularly  in  Italy,  where  Suwarrow  had  gained  great  vic- 
tories ;  and  it  was  not  regarded  as  a  judicious  measure  to 
send  an  extraordinary  mission  to  a  government,  apparently 
on  the  edge  of  destruction. 

But  none  of  these  predictions  or  expectations  were  ac- 
complished. The  last  coalition  of  that  century  was  more 
certainly  and  fatally  annihilated  than  any  other  had  been  ; 
and  France  not  only  appeared,  but  was  in  reality,  more  for- 
midable than  at  any  previous  period  of  the  revolution.  In 
the  mean  time,  a  great  change  had  taken  place  in  the  gov- 
ernment of  that  country,  (the  last  the  world  was  destined  to 
see  before  the  restoration  of  the  Bourbons)  the  Directory 
being  overthrown  in  November  '99,  and  the  consular  gov- 
ernment established.  This  was,  in  reality,  the  commence- 
ment of  the  reign  of  Napoleon  Bonaparte.  '^ 

The  envoys,  discouraged  by  the  war  in  Europe  from  sail- 
ing direct  for  a  port  in  France,  landed  at  Corunna,  in  Portu- 
gal, and,  by  letters  from  that  place,  requested  passports 
might  be  sent  them,  furnishing  the  necessary  facilities  to  pro- 
ceed on  their  journey.  An  answer  was  returned  immedi- 
ately, and  with  great  politeness,  by  the  Minister  of  Exterior 
Relations  : 

"  I  have  received  the  letter,  you  did  me  the  honour  to  write  me 
from  Corunna.     1  regret  exceedingly  that  a  tedious  and  painful 


it  by  the 
duly  au- 
.,;  -  -*( 
e.     The 
ngly  op- 
ered  that 
ley  were 
,  negotia- 
3sful,  but 
;  circuin- 
Bourbons 
that  pur- 
i  govern- 
3  success, 
great  vic- 
easuie  to 
pparently 

were  ac- 

ft'as  more 

lad  been  ; 

I  more  for- 

tion.     In 

the  gov- 

estined  to 

Directory 

ular  gov- 

)mraence- 

from  sail- 
in  Portu- 
passports 
Bs  to  pro- 
immedi- 
Exterior 

write  me 
id  painful 


CONVENTION   OF    1800   WITH    FRANCE. 


357 


voyage  should  have  so  long  retarded  your  arrival  in  France  ;  you 
are  expected  with  impatience,  you  shall  be  received  with  eager- 
ness."      .;...,  ..,'*,-•,,'. 

On  their  arrival  at  Paris,  Joseph  Bonaparte,  C.  P.  C. 
Fleurieu  and  Roederer,  were  appointed  to  conduct  the  ne- 
gotiation with  them.  '  i       •  .■    ,•         ...    y    •  =  c 

"  On  the  8th  of  March,  agreeably  to  the  notification,  we  had  in 
the  mean  time  received,  wo  attended  and  had  an  audience  of  the 
Premier  Consul  at  the  Palace  of  the  Thuillerics,  and  delivered  to 
him  our  letters  of  credence.  We  were  received  with  the  respect, 
due  to  the  character,  which  we  had  the  honour  to  hear.  The  au- 
dience wa^  a  public  one,  and  was  attended  by  the  two  other  Con- 
suls, the  Ministers  of  the  Government,  Members  of  the  Council  of 
State,  General  Officers,  and  the  Ministers  of  Foreign  Powers. 
After  the  compliments,  usual  on  such  occasions,  had  passed,  M. 
Talleyrand  informed  us,  that  a  commission  of  three  Ministers  Pleni- 
potentiary had  been  appointed  to  negotiate  with  us,  and  that  we 
should  receive  a  note  from  him  officially  notifying  us  of  that  ap- 
pointment, which  we  accordingly  received  in  the  evening  of  the 
same  day." 

These  agreeable  anrl  auspicious  appearances  produced  lit- 
tle tiFect  on  the  progress  of  the  discussion,  so  much  so  that 
in  May,  the  Envoys  wrote  to  the  Secretary  of  State, — 
"  our  success  is  yet  doubtful."  They  had  then  held  many 
conferences  with  the  French  Plenipotentiaries,  and  the  ob- 
stacles that  apparently  lay  in  the  way,  related  to  the  pro- 
vision of  guaranty  and  indemnity  for  spoliations.  In  Au- 
gust the  French  Commissioners  state,  "  They  will  propose, 
as  a  first  basis,  that  the  treaties,  which  united  France  and 
America,  are  not  broken  ;  that;  our  war  could  not  break 
them^  but  that  the  state  of  misundv  ^standing,  which  has  ex- 
isted for  some  time  between  tho  avo  countries,  by  the  acts 
of  some  agents,  rather  than  oy  the  will  of  the  government, 
has  not  been  a  state  of  war,  at  least,  on  the  side  of  France. 
Thus  the  first  proposition  of  the  Ministers  of  France  is  to 
stipulate  a  full,  and  entire  recognition  of  the  treaties  ;" — or, 
as  a  second  basis,  "  a  new  treaty,  assuring  equality  of  com- 


358 


CONVENTION  OF  1800  WITH  FRANCE. 


tnercial  and  all  other  favours  williout  indemnity."  These 
propositions  reduced  to  a  single  sentence  amount  to  this  ; — 
France  will  pay  for  its  spoliations  by  the  guaranty.  The 
negotiation  was,  therefore,  after  nine  months  duration,  at  a 
stand,  because  the  United  States  would  not  acknowledge, 
they  were  under  any  obligation  to  observe  the  stipulation  of 
the  guaranty  of  the  old  treaty.  In  reply  to  these  terms,  the 
American  Commissioners  olTered  the  same  month  the  follow- 
ing sketch  of  a  counter  project : 

^'  Ist.  Let  it  be  declared  that  the  former  treaties  are  renewed 
and  contirmed,  and  shall  have  the  same  effect,  as  if  no  misunder- 
standing between  the  two  powers  had  intervened,  except  so  far  as 
they  are  abrogated  by  the  present  treaty. 

"  2d.  It  shall  be  optional  with  either  party  to  pay  to  the  other, 
within  seven  years,  3,000,000  of  francs  in  money,  or  securities, 
which  may  be  issued  for  indemnities,  and,  thereby,  to  reduce  the 
rights  of  the  other  as  to  privateers  and  prizes  to  those  of  the  most 
favoured  nation.  And  during  the  said  term  allowed  for  option,  the 
right  of  both  parties  shall  be  limited  by  the  line  of  the  most  fa- 
voured nation. 

"  3d.  The  mutual  guaranty  in  the  treaty  of  alliance  shall  be  so 
specified  and  limited,  that  its  future  obligation  shall  be  on  the  part 
of  France,  when  the  United  States  shall  be  attacked,  to  furnish  and 
deliver  at  her  own  ports,  military  stores  to  the  amount  of  1,000,000 
of  francs,  and  on  the  part  of  the  United  States,  when  the  French 
possessions  in  America,  in  any  future  war,  shall  be  attacked,  to 
furnish  and  deliver  at  their  own  ports  a  like  amount  in  provi- 
sions. 

"  It  shall,  moreover,  be  optional  for  either  party  to  exonerate 
itself  wholly  from  its  obligation,  by  paying  to  the  other,  within 
seven  years,  a  gross  sum  of  5,000,000  of  francs  in  money,  or  such 
securities  as  may  be  issued  for  indemnities. 

*'  4th.  The  articles  of  commerce  and  navigation,  except  the  1 7th 
article  of  the  treaty,  shall  admit  of  modifications,  reserving  for 
their  principle  the  rights  of  the  most  favoured  nation,  where  it 
shall  not  be  otherwise  agreed,  and  be  limited  in  their  duration  to 
twelve  years." 


These 
his  ; — 
The 
n,  at  a 
b\  ledge, 
ation  of 
■ms,  the 

follow- 


renewed 
[jisunder- 
30  far  as 

he  other, 
ecurities, 
iduce  the 

the  most 
ption,the 

most  fa- 

lall  be  so 
1  the  part 
irnish  and 
1 ,000,000 
le  French 
acked,  to 
in  provi- 

jxonerate 
>r,  within 
[,  or  suck 

the  nth 
rving  for 
Iwhere  it 
[ration  to 


CONVENTION  OF  1800  WITH  FRANCE. 


359 


An  inetfectual  and    tedious  discussion  was  terminated  by 
the  convention  signed  on  the  30th  of  September. 

•'  "  This  will  sfo  by  my  colleagues,  Mr.  Ellswoi  h  and  Mr.  Davie, 
who  probably  will  leave  Paris  in  two  days.  They  will  inform  you 
of  the  whole  history  of  the  negotiation,  which  terminated  last 
night  in  the  signature  of  a  provisional  treaty  of  amity  and  com- 
merce. We  are  all  profoundly  convinced  that,  considering  the  re- 
lations of  the  two  countries  politically,  the  nature  of  our  demands, 
the  present  state  of  France,  and  the  state  of  things  in  Europe,  it 
was  Tor  our  duty  and  for  the  honour  and  interest  of  the  govern- 
ment and  people  of  the  United  States,  that  we  should  agree  to  that 
treaty,  rather  than  make  none."* 

*  "  Art.  2.  The  ministers  plenipotentiary  of  the  two  parties  not  be- 
ing able  to  agree  at  present  respecting  the  treaty  of  aliianct?  of  6tli 
February  1778,  tlie  treaty  of  amity  and  cuinmerce  of  the  same  date, 
and  the  convention  of  14th  of  Novendjer  J788,  nor  upon  the  indemni- 
ties mutually  due  or  claimed  ;  the  parties  will  negotiate  further  on 
those  subjects  at  8.  convenient  time,  and  until  tiicy  may  have  agreed 
upon  these  points,  the  said  treaties  and  convention  shall  have  no  ope- 
ration, and  the  relations  of  the  two  countries  shall  be  regulated  as 
follows  : 

"  Art.  3.  The  public  ships  which  have  been  taken  on  one  part  and 
the  other,  or  wiiich  may  be  taken  before  the  exchange  of  ratifications, 
shall  be  restored. 

"  Art.  4.  Property  captured,  and  not  yet  definitively  condemned,  or 
which  may  be  captured  before  the  exchange  of  ratifications  (contra- 
band goods  destined  to  an  enemy's  port  excepted)  shall  be  mutually 
restored.  This  article  shall  take  eflect  from  the  date  of  the  signature 
of  the  present  convention.  And  if,  from  the  date  of  the  said  signa- 
ture, any  property  shall  be  condemned  contrary  to  the  intent  of  the 
said  convention,  before  the  knowledge  of  this  sti|>ulation  shall  be  ob- 
tained, the  property  so  condemned  shall  without  delay  be  restored  or 
paid  for. 

"  Art.  5.  The  debts  contracted  by  one  of  the  two  nations  with  in- 
dividuals of  the  other,  or  by  the  individuals  of  one  with  the  individu- 
als of  the  other,  shall  be  paid,  or  the  payment  may  be  prosecuted  in 
the  same  manner  as  if  there  had  been  no  misunderstanding  between 
the  two  states.  But  this  clause  slinil  not  extend  to  indemnities  claim- 
ed on  account  of  captures  or  confiscations. 

"  Art.  6.  Commerce  between  the  parties  shall  be  free.  The  ves- 
sels of  the  two  nations  and  their  privateers,  as  well  as  their  prizes, 


360 


CONVENTION    OF     1800    WITH     FRANCE. 


This  convention  was  ratified,  with  an  exception,  by  (ho 
United  States,  February  18th,  1801,  and  the  ratification 
accepted  by  the  First  Consul  July  31,  1801.      This  excep- 

shall  lie  trcntod  in  tlioir  rcspectivo  j)()rls  ns  tlioso  of  the  nation  the 
most  favoiirrd ;  and,  in  gcuoral,  tlio  two  partirs  sliall  enjoy  in  tlio 
ports  of  oacli  otiior,  in  rc^rard  to  coinnicrcc  and  navigation,  the  privi- 
leges of  the  most  favoured  nation. 

"  Art.  7.  Citizens  of  eacli  country,  to  enjoy  in  that  of  the  other  the 
rights  of  devise,  donation,  and  of  inheritance,  &c.  without  natiu-ali/n- 
tion. 

"  Art.  8.  In  case  of  war  hctwceu  the  parties,  six  months  allowed 
for  removing  property,  &c. 

"  Art.  {).  Dehts,  &c.  not  to  !)o  secpiestered  nor  confiscated  in  the 
event  of  war. 

"  Art,  10.  Commercial  agents  maybe  reciprocally  appointed,  to  re- 
side in  the  United  States  and  in  Franco.  Conunercial  agents  not  to 
exercise  their  fnnctions  until  they  are  recognised  by  government. 

"  Art.  Jj.  The  citizens  of  the  United  States  and  France,  to  pay  re- 
ciprocally, no  higher  duties  than  nations  the  most  favoured. 

"  Art.  V2.  It  shall  be  lawfnl  for  tlie  citizens  of  either  country  to 
sail  with  their  ships  antl  merchandise  (contraband  goods  always  ex- 
cepted) from  any  j»ort  whatever,  to  any  port  of  the  enemy  of  the  other, 
and  to  sail  and  trade  with  their  ships  and  merchandise,  with  perfect 
security  and  liberty,  from  the  conntries,  pf>rts  and  places  of  those  who 
are  enemies  of  both  or  of  either  party,  without  any  opposition  or  dis- 
turbance whatsoever,  and  to  pass  not  only  directly  from  the  places 
and  ports  of  the  enemy  aforementioned,  to  neutral  ports  and  places, 
but  also  from  one  i)lace  belonging  to  on  enemy,  to  another  place  bo- 
longing  to  an  enemy,  whether  they  be  under  the  jurisdiction  of  the 
same  power,  or  under  the  several ;  unless  such  ports  or  places  shall 
be  actually  blockaded,  besieged,  or  invested. 

"  And  whereas  it  fivfuiently  happens,  that  vessels  sail  for  a  port  or 
place  belonging  to  an  Ciieniy,  without  knowing  that  the  same  is  either 
besieged,  blockaded,  or  invested,  it  is  agreed,  that  every  vessel  so  cir- 
cumstanced may  be  turned  away  from  such  port  or  place ;  but  she 
shall  not  be  detained,  nor  any  part  of  her  cargo,  if  not  contraband,  bo 
confiscated,  unless,  after  notice  of  such  blockade  or  investment,  she 
shall  again  attempt  to  enter ;  but  site  shall  be  ]iennitted  to  go  to  any 
other  port  or  place  she  shall  think  proper.  Nr,r  shall  any  vessel  of 
either,  that  may  have  entered  into  si'ch  port  or  place  before  the  same 
was  actually  besieged,  blockaded,  or  invested  by  the  other,  be  restrain- 
ed from  quitting  such  place  with  her  cargo,  nor  if  found  therein  after 


CONVENTION    OF     1800    WITH     FRANCR. 


361 


I,  by  the 
tification 
)  exccp- 

intion  tho 

joy  in  tlio 

the  privi- 

otlior  tlio 
atiirulizn- 

is  ntlowvd 

ted  in  tho 

itcil,  to  ro- 
uts not  to 
nient. 
to  pay  ro- 

country  to 
always  ex- 
'  the  otiier, 
ith  perfect 
those  who 
ion  or  dis- 
the  places 
nd  places, 
place  bo- 
ion  of  the 
aces  sliall 

a  port  or 

is  either 

Isel  so  cir- 

;  but  she 

(aband,  bo 

lent,  she 

[o  to  any 

vessel  of 

the  same 

restrain- 

Ircin  after 


tion  consisted  in  expunging  tho  2d  article,  and  inserting  tha 
following  : — "  It  is  agreed  that  the  present  convention  shall 
be  in  force  for  the  torin  of  eight  years  from  the  time  of  tha 

the  reduction  ond  surrender  of  such  i)lace,  shall  such  vessel  or  lier 
cargo  be  liable  to  confiscation,  but  they  shall  be  restored  to  the  own- 
ers thereof. 

"  Art.  13.  In  order  to  regulate  what  sliall  be  deemed  contraband 
of  war,  there  shall  be  comprised  under  that  denomination,  gunpow- 
der, saltpetru,  petards,  match,  ball,  bombs,  grenades,  carcasses,  pike?, 
lialberds,  swords,  belt.s,  pistol.-<,  holsters,  cavalry  saddles  and  furniture, 
cannon,  moitars,  their  carriages  and  beds,  and  generally  all  kinds  of 
arms,  amnuniition  of  war,  and  instruments  fit  for  the  use  of  troops; 
all  the  above  articles,  whenever  they  ore  destined  to  the  port  of  au 
enemy,  are  hereby  declared  to  be  contraband,  and  just  objects  of  con- 
fiscation ;  but  the  vessel  in  which  they  are  laden,  and  the  residue  of 
the  cargo,  shall  be  considered  free,  and  not  in  any  manner  infected  by 
the  prohibited  goods,  whether  belonging  to  tho  same  or  a  difierent 
owner. 

"  Art.  14.  It  is  hereby  stipulated  that  free  slii])s  shall  give  a  free- 
dom to  goods,  and  that  every  thing  shall  be  deemed  to  be  free  and 
exempt  which  shall  be  found  on  board  the  ships  belonging  to  the  citi- 
zens of  either  of  the  contracting  parties,  although  the  whole  lading, 
or  any  part  thereof,  should  appertain  to  the  enemies  of  cither,  contra- 
bond  goods  being  always  exce[)ted.  It  is  also  agreed,  in  like  manner, 
that  the  same  liberty  be  extended  to  persons  who  aro  on  board  a  free 
ship,  with  this  effect,  that  although  they  be  enciuics  to  either  party, 
they  are  not  to  be  taken  out  of  that  free  ship,  unless  they  ore  soldiers, 
and  in  actual  service  of  the  enemy.  - 

"Art.  15.  On  the  contrary,  it  is  agreed,  that  whatever  shall  bo 
found  to  be  laden  by  the  citizens  of  cither  party  on  any  ship  belonging 
to  the  enemies  of  the  other,  or  their  citizens,  shall  be  contiscated  with- 
out distinction  of  goods,  contraband  or  not  contraband,  in  the  saniM 
manner  os  if  it  belonged  to  tho  enemy,  except  such  goods  and  mer- 
chandises as  were  put  on  board  such  ship  before  the  declaration  of 
war,  or  even  after  such  declaration,  if  so  be  it  were  done  without 
knowledge  of  such  declaration  ;  so  that  the  goods  of  tho  citizens  of 
cither  party,  whether  they  be  of  the  nature  of  such  as  are  prohibited, 
or  otherwise,  which,  as  is  aforesaid,  were  put  on  board  any  ship  be- 
longing to  an  enemy,  before  the  war,  or  after  the  declaration  of  the 
same,  without  the  knowledge  of  it,  shall  no  ways  be  liable  to  confisca- 
tion, but  shall  well  and  truly  be  restored  without  delay  to  the  proprie- 


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23  WIST  MAIN  STREET 

WEBSTER,  N.Y.  MSSO 

(716)  •72-4503 


^ 


362 


CONVENTION  OF  1800  WITH  FRANCE. 


exchange  of  the  ratifications."  The  expunging  this  section 
removed  one  of  the  greatest  embarrassments,  to  which  the 
country  was  ever  exposed, — we  mean  the  mutual  guaranty 

tors  demanding  the  same  ;  but  so  as  that  if  the  said  merchandises  be 
contraband,  it  shall  not  be  any  ways  lawful  to  carry  them  afterwards 
to  any  ports  belonging  to  the  enemy.  The  two  contracting  parties 
agree,  that  the  term  of  two  months  being  passed  after  the  declaration 
of  war,  their  respective  citizens,  from  whatever  part  of  the  world  they 
come,  shall  not  plead  the  ignorance  mentioned  in  this  article. 

"  Art.  16.  Merchant  vessels  to  exhibit  their  passports  and  certifi- 
cates. ■'..-■•..:.;"-•■..- 

"  Art.  17.  Merchant  vessels  to  be  provided,  in  time  of  war  between 
one  of  the  parties  and  a  third  power,  with  passports  and  certificates. 
Merchant  vessels  delivering  up  contraband  articles,  allowed  to  pursue 
their  voyages. 

«♦  Art.  18.  If  the  ships  of  the  citizens  of  either  of  the  parties  shall 
be  met  with,  either  sailing  along  the  coasts,  or  on  the  highseas,  by  any 
ship  of  war  or  privateer  of  the  other;  for  the  avoiding  of  any  disor- 
der, the  said  ships  of  war  or  privateers  shall  remain  out  of  cannon 
shot,  and  may  send  their  boats  on  board  the  merchant  ship  which  they 
shall  so  meet  with,  and  may  enter  her  to  the  number  of  two  or  three 
men  only,  to  whom  the  master  or  commander  of  such  ship  shall  exhi- 
bit his  passport  concerning  the  property  of  the  ship,  made  out  accord- 
ing to  the  form  prescribed  in  the  fourth  article.  And  it  is  expressly 
agreed  that  the  neutral  party  shall  in  no  case  be  required  to  go  on 
board  the  examining  vessel  for  the  purpose  of  exhibiting  his  papers, 
,  or  for  any  other  examination  whatever. 

"  Art.  19.  Merchant  vessels  under  convoy,  not  to  be  visited. 
*'  Art.  20.  In  all  cases  where  vessels  shall  be  captured  or  detained, 
under  pretence  of  carrying  to  the  enemy  contraband  goods,  the  cap- 
tor shall  give  a  receipt  for  siich  of  the  papers  of  the  vessel  as  he  shall 
retain,  which  receipt  shall  be  annexed  to  a  descriptive  list  of  the  said 
papers:  and  it  shall  be  unlawful  to  break  up  or  open  the  hatches, 
chests,  trunks,  casks,  bales,  or  vessels,  found  on  board,  or  remove  the 
smallest  part  of  the  goods,  unless  the  lading  be  brought  on  shore  in 
presence  of  the  competent  ofiicers,  and  an  inventory  be  made  by  them 
of  the  said  goods.  Nor  shall  it  be  lawful  to  sell,  exchange,  or  alienate 
the  same  in  any  manner,  unless  there  shall  have  been  lawful  process, 
and  the  competent  judge  or  judges  shall  have  pronounced  against  such 
goods  sentence  of  confiscation,  saving  always  the  ship  and  the  other 
goods  which  it  contains.       '      -    -     •  i' 


CONVENTION  OF  1800  WITH  FRANCE. 


363 


section 
ich  the 
uaranty 

(idises  be 
kerwards 
g  parties 
clnration 
orld  they 

t 

id  certiii' 

between 
rtificates. 
to  pursue 

rties  shall 
as,  by  any 
iny  disor- 
tf  cannon 
hich  they 
)  or  three 
hall  exhi- 
Lit  accord- 
I  expressly 
to  go  on 
lis  papers, 

:ed. 

detained, 
the  cap- 
is  he  shall 
the  said 
hatches, 
imove  the 
shore  in 
e  by  them 
)r  alienate 
I  process, 
ainst  such 
the  other 


of  the  treaty  of  alliance.  We  have  already  said  that  Con- 
gress, in  July  '98,  adopted  a  resolution,  abrogating  that  in- 
strument. We  need  not  remark  that  the  United  States 
could  not  divest  itself  of  obligations,  termed  in  the  civil  law 
symallagmatic  ;  for  that  instrument  was  a  contract,  which 
could  be  dissolved  only  by  the  consent  of  both  partieii,  or 
by  the  act  of  war  ;  but  to  neither  of  these  ordeals  had  the 
treaty  been  subjected.  Hostile  measures  had  been  adopted 
by  the  Executive,  but  they  were  measures  only  of  defence  ; 

'*  Art.  21.  The  master  or  supercargo  of  a  captured  vess.'^l,  not  to  be 
removed. 

"  Art.  24.  When  the  ships  of  war  of  the  two  contracting  parties,  or 
those  belonging  to  their  citizens  which  are  armed  in  war,  shall  be  ad- 
mitted to  enter  with  their  prizes  the  ports  of  either  of  the  two  parties, 
the  said  public  or  private  ships,  as  well  as  th'jir  prizes,  shall  not  be 
obliged  to  pay  any  duty  either  to  the  officers  of  the  place,  the  judges, 
or  any  others  ;  nor  shall  such  prizes,  when  they  come  to  and  enter  the 
ports  of  either  party,  be  arrested  or  seized,  nor  shall  the  officers  of  the 
place  make  examination  concerning  the  lawfulness  of  such  prizes ; 
but  they  may  hoist  sail  at  any  time  and  depart  and  carry  their  prizes 
to  the  places  expressed  in  their  commissions,  which  the  commanders 
of  such  ships  of  war  shall  be  obliged  to  show.  It  is  always  under- 
stood that  the  stipulations  of  this  article  shall  not  extend  beyond  the 
privileges  of  the  most  favoured  nation. 

"  Art.  25.  It  shall  not  be  lawful  for  any  foreign  privateers  who 
have  commissions  from  any  prince  or  state,  in  enmity  with  either  na- 
tion, to  fit  their  ships  in  the  ports  of  either  nation,  to  sell  their  prizes, 
or  in  any  manner  to  exchange  them ;  neither  shall  they  be  allowed  to 
purchase  provisions,  exce])t  such  as  shall  be  necessary  fur  their  going 
to  the  next  port  of  that  prince  or  state,  from  which  they  have  receiv- 
ed their  commissions. 

"  Art.  26.  Pirates  not  to  be  received  in  the  ports  of  either  party. 

"  Art.  27.  Neither  party  will  intermeddle  in  the  fisheries  of  the 
other  on  its  coasts,  nor  disturb  the  other  in  the  exercise  of  the  rights 
which  it  now  holds  or  may  acquire  on  the  coast  of  Newfoundland,  in 
the  gulf  of  St.  Lawrence,  or  elsewhere,  on  the  American  coast,  north* 
ward  of  the  United  States.  But  the  whale  and  seal  fisheries  shall  be 
free  to  both  in  every  quarter  of  the  world, 

*'  This  convention  shall  be  ratified  on  both  sides  in  due  form>  and 
the  ratifications  exchanged  in  the  space  of  six  months,  or  sooner  if 
possible."  •  ),  .  ^     -  ,.-.    „.^ 


;864 


CONVENTION  OF  1800  WITH  FRANCE. 


i;^! 


junder  the  constitution,  the  President  cannot  declare  a  war. 
The  French  commissioners  were,  therefore,  right  in  requir- 
ing that  the  treaty  of  '78  should  be  renewed,  or  modified,  or 
abrogated  by  mutual  consent.  It  could  not  be  expected, 
they  should  acknowledge  the  validity  of  an  act  of  the  Aroeri- 
caiv  Congress.  On  the  other  hand,  the  commissioners,  una- 
ble to  deviate  from  their  instructions,  or  refuse  obedience  to 
the  law  we  have  just  mentioned,  considered  the  treaty  no 
longer  in  existence.  This  circumstance  gave  rise  to  another 
difficulty.  The  parties  could  not  agree  upon  the  amount  of 
indemnity,  demanded  by  the  United  States  for  property,  ille- 
gally taken,  because  the  French  plenipotentiaries  could  only 
consent  to  regulate  this  amount  by  the  stipulations  of  the 
original  treaty.  In  the  2d  article,  the  question  of  indemni- 
ties was  referred  to  a  subsequent  negotiation  ;  and  though 
the  provisions  of  the  treaties  of  '78  were  modified  by  the 
«onvention,  no  opinion  was  expressed  upon  the  claim  of  right. 
We  have,  already,  said  that  the  United  States  required  that 
this  article  should  be  expunged.  The  article,  in  itself,  was 
perfectly  harmless  as  it  respected  the  American  government ; 
for  it  did  not  contain  a  positive  stipulation  of  any  kind  ;  but 
the  government  did  not  choose  any  doubt  should  remain  of 
the  firm  resolution  it  had  adopted,  of  never  consenting  to  the 
rer^ewal  of  the  treaty  of  Paris.  The  first  opportunity  was 
iaken  of  getting  rid  of  a  most  embarrassing  obligation,  it 
-was  never  in  a  condition  to  fulfil.  We  can,  in  this  manner, 
account  for  the  readiness  with  which  the  First  Consul  ac- 
cepted the  modification  of  the  Senate.  It  is  not  a  common 
proceeding  in  diplomacy  ;  but,  in  reality,  the  guaranty  had 
become  altogether  illusory.  France  could  never  expect  to 
derive  any  benefit  from  it.  But  the  First  Consul  coupled 
bis  acceptance  of  the  modification  with  this  condition :  *'  pro- 
vided that  by  this  retrenchment  the  two  states  renounce  the 
respective  pretensions  which  are  the  object  of  the  said  arti- 
cle;" that  is,  the  Americans  renounced  their  claims  for 
indemnities,  and  the  French  the  fulfilment  of  the  guaranty. 
The  French  government  gave  public  notice  in  this  manner, 
that  they  would  hereafter  pay  no  attention  to  the  demands  of 


CONVXNTIOIf   OF    1800   WITH   FBANCC. 


365 


s  a  war. 
requir- 
ified,  or 
ipected, 
Ameri- 
TS,  una- 
ienoe  to 
reaty  no 
another 
Dount  of 
rty,  ille- 
uld  only 
i  of  the 
inderoni- 
1  though 
d  by  the 
of  right, 
ired  that 
self,  was 
>rninent ; 
ind  ;  but 
smain   of 
ng  to  the 
nity  was 
ation,  it 
manner, 
nsul  ac- 
coinmon 
nty  had 
xpect  to 
coupled 
:  «  pro- 
nce  the 
laid  arti- 
ims   for 
[uaranty. 
manner, 
ands  of 


Americans  for  property,  illegally  taken  by  their  cruisers  pre- 
vious to  the  treaty.  ' 

In  negotiating  this  convention  it  was  quite  apparent 
throughout,  that  the  French  commissioners  had  little  other 
object  in  view  than  to  relieve  themselves  of  all  indemnities. 
France  was  exceedingly  poor, — the  active  capital  of  the 
country  had  been  wasted  or  squandered,  and  such  was  the 
unsettled  state  of  public  affairs,  that  men  had  been  altogether 
deterred  from  embarking  in  those  occupations  and  pursuits, 
that  would  have  led  to  a  renewal  of  wealth.  Mr.  Livings- 
ton, in  a  letter  of  March  1802,  observes,  'Mheir  expenses 
exceed  their  income,  and  the  government  is,  at  this  moment, 
maintained  by  anticipations  at  an  interest  of  from  1 2  to  18 
per  cent. 

The  period  when  this  convention  was  matured,  was,  on 
the  whole,  auspicious  for  negotiation.  Napoleon,  at  his  first 
accession  to  the  consulate,  sought  forpeace  with  all  the  world. 
France  truly  needed  it.  She  was  exhausted  by  the  bloody 
wars  of  Germany,  Italy,  and  the  low  countries,  and  by  the 
internal  commotions  of  the  Vendeans  and  Chouans.  He 
proposed  peace  to  England  and  to  the  enemies  of  France  on 
the  continent.  But  America  was  the  only  country  with 
whom  a  treaty  was  definitively  concluded.  ?;    ?«-»'; 

We  are  not  disposed  to  criticise  with  severity  any  portion 
of  the  negotiations  with  France  from  the  first  mission  of  Mr. 
Pinckney  ; — on  the  contrary,  the  course  of  the  administration, 
in  the  outset,  admits  of  a  full  vindication  :  but  we  think 
there  is  no  injustice  in  excluding  from  the  bjenefit  of  this 
general  praise  the  two  acts  that  embrace  the  abrogation  of  the 
provision  of  guaranty,  and  the  manner  in  which  the  conven- 
tion of  1800  was  concluded.*  The  first  proceeded  from  an 
exercise  of  authority,  that  could  be  assumed  by  this  govern- 
ment only  on  one  ground.  That  stipulation  was  undoubtedly 
the  root  of  all  the  evil  ; — every  difficulty  and  embarrassment, 
experienced  by  the  United  States  in  the  negotiations  with 

'    *  The  appropriations  for  the  convention  of  1800  were  passed  by 
the  House  of  Representatives  unanimously. 


366 


CONVENTIOW    or     1800    WITH    FRAICCE. 


France  from  April  1793,  may  be  traced  (o  it  in  a  direct  line, 
but  in  a  legitimate  sense  it  could  only  be  torn  out  by  the 
joint  efforts,  the  mutual  consent  of  the  parties.  The  act  of 
abrogation  presented  a  fair  ground  to  France  for  indemnity, 
and  is  only  to  be  defended,  or  rather  justified  from  consid- 
erations of  rigid  necessity  and  obvious  self  preservation. 
There  appears,  also,  some  degree  of  precipitancy  in  conclud- 
ing the  convention  of  1800.  More  caution  and  reserve 
ivould  probably  have  obtained  better  and  more  distinct  terms, 
for  after  all,  the  substance  of  the  treaty  is  contained  in  the 
provision  under  which  the  First  Consul  ratified  it.  To  this  it 
may  be  said  in  reply,  it  was  extremely  important  for  the 
United  States  to  withdraw  as  speedily  and  as  effectually  as 
possible  from  European  politics,  then  in  the  greatest  fermen- 
tation, and  that  the  same  defence,  which  has  been  urged  in 
the  case  of  the  London  treaty  of  1 794,  may  well  be  brought 
forward  on  the  present  occasion ; — it  defined  and  secured 
the  neutrality  of  the  country.  That  argument  is,  we  admit, 
always  the  most  forcible  that  can  be  employed  on  any  sub- 
ject, relating  to  our  diplomacy,  but  from  the  minute  accounts 
we  have  now  the  advantage  of  possessing  of  the  situation  of 
France  at  that  period,  it  is  difficult  to  discern  the  least  symp- 
tom, or  indication,  or  desire  on  her  part  to  force  this  country 
into  a  war  ; — and  the  three  sets  of  commissions,  successively 
issued  by  this  government,  with  somewhat  unusual  haste  and 
eagerness,  could  leave  little  doubt  of  the  course  we  were 
disposed  to  follow.  A  nominal  war  had  existed,  and  the 
convention  put  an  end  to  it,  but  without  securing  a  livre  in 
the  shape  of  indemnity  for  the  spoliations,  that,  on  our  part, 
led  to  hostilities.  The  government  assumed  the  right  of 
abrogating  the  guaranty,  and  yet  gave  away  the  whole 
stipulation  for  the  great  amount  of  claims  on  France.  The 
mischiefs,  resulting  from  this  proceeding,  have  been  felt  to 
this  day ; — ai<d  no  opportunity  for  negotiation,  so  favourable, 
has  since  presented  itself,     r  .,       :       ^,  > 


■■|;*' 


)'■! 


(     367     ) 


f*m 


id  line, 

by  the 
3  act  of 
emnity, 

consid- 
rvation. 
!onclud- 
reserve 
it  terms, 
d  in  the 
'o  this  it 

for  the 
tually  as 

fermen- 
urged  in 

brought 

secured 
^e  admit, 
any  sub- 
accounts 
nation  of 
ist  symp- 
s  country 
cessively 

aste  and 
e  were 

and  the 

livre  in 
jour  part, 

right  of 
le  whole 
le.     The 
felt  to 

ourable, 


w 


CHAPTER    IX. 


CESSION  OV   LOUISIANA. 


Purchase^  a  good  one — JVecessary  for  JVestern  country — fn  '90  Je 
Moustier  made  enquiries  respecting  Western  country — French  pos' 
tessions  in  JVorlh  America  extinguished  by  treaties  of^G2  and  '63 — 
Louisiana  secretly  ceded  to  France — Great  uneasiness  in  America — 
War  with  France — Coalition  with  England — France  prepares  to 
take  possession  of  it — Prevented  by  rcncxvul  of  war — Monroe  sent  to 
France— Important  instructions — Details  of  negotiation — First  price 
exorbitant — Ceded  to  United  States — Terms — Made  a  "  territory'*'' 
and  then  a  state — Letter  of  British  officer  on  Louisiana. 

The  next  treaty  made  with  France  was  one,  by  which  the 
important  cession  of  Louisiana  was  accompHshed.  Time  has 
already  proved  this  measure  to  have  been  judicious  on  the 
part  of  the  American  government,  and  the  purchase  in  every 
respect  extremely  cheap.  The  United  States  held,  at  the 
time,  wide  and  broad  possessions  of  fruitful  soil  and  easy  cul- 
tivation, far  exceeding  the  wants  of  the  population ;  and, 
novel  and  without  precedent  as  was  the  spectacle  of  a  youth- 
ful government,  like  America,  entering  into  treaties  with  the 
ancient  European  states  for  the  transfer  of  extensive  tracts 
of  country,  it  did  not  even  appear,  at  first  blush,  a  discreet 
arrangement  to  bring  so  great  a  quantity  of  excellent  land 
into  the  market.  But  without  a  permanent  unmolested  en- 
trance to  the  Gulf  of  Mexico,  the  territory  west  of  the  Al- 
leghany, was  despoiled  of  one  half  its  value.  The  boundary 
of  the  Mississippi,  and  the  free  navigation  of  that  river  to  its 
mouth,  were,  at  the  time  of  this  treaty,  indispensable  to  the 
proper  independence  and  the  full  enjoyment  of  the  great  water 
communications  of  the  western  country.  ,> 

The  period  of  the  discovery  of  the  Mississippi,  and  the 
persons  by  whom  the  discovery  was  made,  have  been  matters 


868 


CKSSION    or    LOUISIANA. 


B     !4 


of  controversy.  But  we  shall  not  enter  into  that  subject. 
The  country,  now  called  Louisiana,  originally  belonged  to 
France,  but  by  a  secret  compact,  concluded  between  France 
and  Spain  in  1762,  and  by  the  treaties  of  the  following  year 
between  France,  Spain  and  England,  the  French  dominion  was 
extinguished  on  all  the  continent  of  North  America.  And 
by  the  treaty  between  this  country  and  England  in  1783, 
the  Mississippi  became  the  western  boundary  of  the  United 
States  from  its  source  to  the  31st  degree  of  north  latitude, 
And  thence  on  the  same  parallel  to  the  St.  Mary's.  We 
shall  have  occasion  to  speak  more  particularly  of  this  bounda- 
ry of  the  United  States  in  treating  of  our  foreign  relations 
with  Spain.  A  right  of  deposite  at  New  Orleans  for  the 
produce  of  the  west  was  secured  by  the  treaty  of  '95  with 
Spain  ;  but  great  obstacles  being  thrown  in  the  way  of  the 
navigation,  and  a  serious  attempt  made  to  bring  about  a 
separation  of  the  western  country,  the  stipulations  of  this 
instrument  were  not  carried  into  effect  for  three  years. 
Towards  the  close  of  the  administration  of  Mr.  Adams,  mea- 
sures even  were  adopted  to  take  forcible  possession  of  New 
Orleans,  but  the  difficulties  with  Spain  in  that  quarter  having 
been  for  the  time,  overcome,  the  scheme  was  abandoned. 
Nevertheless,  alarming  uneasiness  still  existed  in  the  west ; 
the  control  of  the  Mississippi  remained  in  foreign  hands,  and 
the  extreme  anxiety  and  apprehension,  always  manifested 
concerning  the  navigation  of  that  river,  were  greatly  aug- 
mented, when  the  article  of  the  secret  treaty  of  St.  Ildefonso, 
ceding  Louisiana  to  France,  was  known  in  the  United  States. 
This  treaty  was  in  reality,  concluded  in  October  1800,  but 
it  was  not  promulgated  till  the  beginning  of  1802.  The 
article  of  cession  is  in  these  words : 

**  His  Catholic  Majesty  engages  to  retrocede  to  the  French  re- 
public, six  months  after  the  full  and  entire  execution  of  the  condi- 
tions and  stipulations  above  recited,  relative  to  his  Royal  Highness 
the  Duke  of  Parma,  the  colony  or  province  of  Louisiana,  with  the 
same  extent  that  it  already  has  in  the  hands  of  Spain,  and  that  it 
had  when  France  possessed  it,  and  such  as  it  should  be,  after  the 
treaties  passed  subsequently  between  Spain  and  other  powers." 


CSSSION     OF     LOUlglANA. 


369 


ubject. 
ged  to 
France 
jg  year 
on  was 

And 
1783, 
United 
atitude, 
».  We 
jounda- 
elations 
for  the 
)5  with 

of  the 

about  a 

of  this 

years. 
DS,  mea- 
of  New 
r  having 
indoned. 
s  west ; 
nds,  and 
inifested 
itly  aug- 
defonso, 
I  States. 
;oo,  but 
The 

encb  re- 

le  condi- 

[ighness 

Iwith  the 

Id  that  it 

ifter  the 

^ers." 


Every  thing  was  to  be  apprehended  from  the  activity  and 
intelligence  of  the  French  in  a  country  of  such  uncommon 
richness  and  resources.  Speedily,  wu  should  have  seen  thcni 
closing  the  navigation  of  the  Mississippi  to  the  Americans, 
and  securing  the  whole  commerce  of  the  Gulf  of  Mexico  and 
the  West  Indies.  These  considerations,  awakening  great  and 
just  alarm  in  the  United  States,  it  appeared  necessary  to  re- 
sort to  force  to  prevent  their  entrance  into  Louisiana,  aiul  a 
disposition  gradually  developed  itself  to  form  an  alliance  with 
England.  It  is  not  probable  that  the  government  would  ever 
have  allowed  France  to  take  possession  of  Louisiana,  al- 
though, from  a  union  and  comparison  of  various  circumstances, 
the  outlines  of  the  scheme  of  the  First  Consul  may  be  sketch- 
ed with  tolerable  precision.  An  armament  was,  indeed, 
prepared  in  the  French  ports,  officers  were  selected  ex- 
pressly for  the  expedition,  and  on  the  ratification  of  the  trea- 
ty of  Amiens  of  1802,  the  secret  article  of  the  treaty  of  St. 
lldefonso  was  immediately  produced.  Whether  this  enter- 
prize  was  suggested  by  the  recent  crusade  into  Egypt,  or  by 
a  recollection  of  the  former  power  of  France  in  this  hemi- 
sphere, the  operation  was  a  magnificent  one,  and  justly  and 
emphatically  belongs  to  the  first  class  of  profound,  compre- 
hensive plans.  At  peace  with  England,  no  impediment  ex- 
isted to  the  transportalioti  of  troops  and  every  description  of 
stores ; — with  the  occupation  of  Louisiana,  the  conquest  of 
St.  Domingo,  where  the  French,  though  in  the  outset  alto- 
gether triumphant,  now  began  to  experience  cruel  reverses, 
would  have  followed  ;  and  ultiif  v^ly  the  principal  control  of 
the  commerce  of  the  neighbourn:  -  seas.  Louisiana  original- 
ly formed  part  of  the  French  dominions  in  North  America, 
and  traces  of  the  solidity  of  their  works,  and  of  the  enter- 
prise and  intelligence  of  that  nation,  now  remain  in  that 
country,  as,  indeed,  they  do  in  most  of  those  regions,  from 
which  they  have  been  excluded  by  the  Americans  or  the 
British.  Before  the  disastrous  peace  of  '63,  Fiance  sur- 
passed all  the  civilized  people  of  Europe  in  the  extent  and 
value  of  her  commerce,  colonies  and  foreign  possessions,  and 
in  her  spirit  of  enterptize  ;  hut  at  that  period  began  the  down- 
voL.   I.  47 


370 


CESSION    or     LOUISIANA. 


I 


W 


fall  of  one  of  (he  most  enlightened  and  polished  nations  known 
in  history. 

It  was,  undoubtedly,  in  the  plan  of  the  French  government 
to  recover  their  ancient  possessions  in  America,  and  to  ap- 
proach the  Canadas  by  the  valleys  of  the  great  rivers  of  the 
west,  as  they  had  undertaken  to  reconquer  their  settlements 
in  the  east  by  Egypt  and  the  Red  Sea.     The  danger,  that 
threatened  the  western  country  at  (his  period,  cannot  be  dis- 
guised ; — the  First  Consul  held  at  his  command  the  combined 
fleets  of  France  and  Spain,  and  for  a  few  months  in  the  four- 
teen years  of  his  extraordinary  reign,  he  was  without  an  ene- 
my on  the  ocean ; — the  United  States  were  on  the  eve  of  a 
war  with  Spain,  in  consequence  of  that  government  having 
abrogated  the  right  of  warehouse  at  New  Orleans.    A  French 
army,  arriving  in  the  Mississippi,  would  have  landed  not  only 
on  a  neutral  soil,  but  among  its  allies,  inflamed  with  an  unu- 
sual degree  of  animosity  against  the  Americans,  and  eagerly 
seeking  an  opportunity,  not  only  to  revenge  themselves,  but 
to  recover  what  they  had  lost.     Without  a  question,  France 
would  have  made  an  eflbrt  to  regain  all  the  territory  west,  at 
least,  of  the  Ohio.     It  is  true,  the  resources,  both  moral  and 
physical,  of  the  people,  and  the  experience  of  the  last  war 
have  now  taught  us  to  consider,  ns  truly  chimerical,  projects 
to  land  on  our  coasts,  or  to  penetrate  into  the  interior  settle- 
ments.    But  in  1802,  Louisiana  was  a  foreign  country  ;  its 
population  was  principally  foreign,  the  western  states  were 
furnished  with  scanty  means  of  defence  or  resistance,  com- 
pared with  their  present  situation,  the  successes  of  the  French 
armies  had  acquired  for  them  a  formidable  reputation,  and 
none  of  those  events  had  then  taken  place,  which  have  since 
inspired  the  Americans  with  so  much  confidence  in  defending 
their  native  soil.     We  consider  the  situation  of  the  country 
as  exceedingly  critical.     England,  dissatisfied  with  the  hollow 
peace  of  Amiens,  and  preparing  for  another  war  with  France, 
was  striving  to  force  us  into  an  alliance  with  her,  and  a  con- 
siderable portion  of  the  people  saw  no  safety,  except  in  that 
step.     Events  had  truly  taken  a  singular  turn.     A  few  years 
before,  the  government,  with  the  utmost  difficulty  escaped 


CBISION    OF    LOUISIANA. 


371 


known 

rnraent 
to  ap- 
9  of  the 
lements 
er,  that 
be  dis- 
»mbined 
he  four- 
an  ene- 
tve  of  a 
t  having 
L  French 
not  only 
an  unu- 
eagerly 
ves,  but 
,  France 
west,  at 
koral  and 
last  war 
projects 
r  settle- 
try  ;  it's 
es  were 
ce,  corn- 
French 
ion,  and 
ve  since 
efending 
country 
e  hollow 
France, 
d  a  con- 
t  in  that 
w  years 
escaped 


an  alliance  with  France  and  a  war  with  Kngland ;  so  true  it 
is,  that  the  United  States,  immediately  on  the  declaration  of 
their  independence,  became  subject  to  the  caprices,  influence 
and  vicissitudes  of  European  politics. 

But,  as  in  the  year  '94,  the  government  again  had  re- 
course to  negotiation  ; — America  was  neither  prepared  for 
war,  nor  even  prepared  to  expect  it ; — in  the  midst  of  the 
general  repose  of  Europe,  the  treaty  of  St.  Ildefonso  was 
boldly  disclosed.  "  Peace,  commerce,  and  honest  friendship 
with  all  nations,  entangling  alliances  with  none,"  had  been 
declared  by  Mr.  Jefferson,  in  his  inaugural  address  of  March 
1801,  to  be  one  of  the  fundamental  maxims  of  the  state. 
From  the  foundation  of  the  government  in  1789,  the  ad- 
ministration had  once  been  compelled  in  the  extremity  of  in- 
dignity to  depart  from  this  policy,  but  an  attitude,  so  decid- 
ed, was  not  resolved  on,  till  negotiation  had  become  worse 
than  hopeless.  On  the  other  hand,  France,  perceiving,  she 
was  again  threatened  with  another  war  by  her  ancient  and 
indefatigable  rival,  was  not  without  apprehension  that  the 
United  States  would  become  a  party  to  the  fresh  coaUtion, 
forming  against  her.  Troops  could  no  longer  be  transported 
in  safety  to  Louisiana  ; — the  cruelties  of  her  armies  in  St. 
Domingo  were  dreadfully  revenged  ;  it  had  become  necessa- 
ry to  abandon  that  island  to  its  fate ;  and  standing  in  need 
of  money  to  provide  for  the  attacks,  with  which  she  was 
either  menacing  England  or  Austria,  no  better  arrangement 
remained  than  to  cede  Louisiana  to  the  United  States.  This 
was  the  last  attempt  of  any  European  nation  to  take  perma- 
nent possession  of  any  part  of  the  continent  of  North  Amer- 
ica. From  that  time,  France  was  occupied  with  her  Euro- 
pean wars,  and  though  this  government  has  been  vexed  and 
embarrassed  by  tedious  and  unsatisfactory  negotiations  with 
her,  they  have  all  emanated  from  commercial  relations  and 
difficulties. 

As  early  as  March  1802,  we  find  an  intimation  from  the 
government   respecting  the  transfer  of  Louisiana  ;*  and   in 

*  It  appears  from  a  letter  of  Mr.  Jefferson,  of  August  1700,  wlien 


372 


CKRSION    or    LOriilTAlirA. 


May  of  llic  same  year  Ihc  followinp  direct  remarks  from 
the  Secretary  of  State  to  the  minister  in  France  : 

"  The  cession  of  J.oujvi.ina  lo  Fiance,  becomes  dnlly  rr.orc  and 
more  a  sonrcc  of  painful  nppreliensions.  Notwithstanding  the 
treaty  of  March  lOOl,  and  nolivilhstnndinp^  the  general  belief  in 
France  on  the  subject,  and  tlic  accounts  from  St.  Domingo,  tliat 
part  of  the  armament  sent  to  that  Ishind,  was  eventually  destined 
for  Louisiana,  a  hope  was  still  dra»vn  from  your  early  conversa- 
tions with  M.  Talleyrand,  that  the  French  government  did  not 
mean  to  pursue  the  object.  Since  the  receipt  of  your  last  com- 
munications, no  hope  remains  but  from  the  accumulating  difficul- 
ties of  going  through  with  the  undertaking,  and  from  the  convic- 
tion you  may  be  able  to  impress,  that  it  must  have  an  instant  and 
powerful  elTecf  in  changing  the  relation)'  between  France  and  the 

United  States." "A  mere  neighbourhood  could  not  be  friendly 

to  the  harmony,  which  both  countries  have  so  much  nn  interest  in 
cherishing;  but  if  a  possession  of  the  mouth  of  the  Mississippi  is 
to  be  added  to  other  causes  of  discord,  the  worst  events  are  to  be 
apprehended.     You  will,  consequently,  spare  no  efforts,  that  will 

Secretory  of  State,  that  Franco  bud,  l)efore  this  period,  conceived  the 
project  of  cflt'cting  a  sotlieincnt  on  this  continent. 

••It  is  proper  to  np|u-ise  you  of  a  circumstance,  wliicb  may  show 
the  expediency  of  being,  in  some  degree,  on  your  guard,  even  in  your 
rommunicatiuns  to  the  Court  of  France — it  is  believed  hero  that  the 
Count  de  Moustier,  during  liis  residence  with  us,  conceived  a  pi  eject 
of  again  engaging  France  in  a  colony  upon  our  continent,  and  tlmt  he 
directed  bis  views  to  some  of  the  country  on  the  Mississippi,  and  ob- 
tained and  communicated  n  good  deal  of  mutter  on  the  subject  to  bis 
Court — be  saw  the  immediate  advantage  of  selling  some  yards  of 
French  cloths  ond  silks  to  the  inhabitants  of  New  Orleans — but  be 
did  not  take  into  account  what  it  would  cost  France  to  nurse  and  pro- 
tect a  colony  there,  till  it  should  be  able  to  join  its  neighbours,  or  to 
stond  by  itself,  and  then  what  it  would  cost  her  to  get  rid  of  it.  I 
hardly  suspect  thot  the  Court  of  France  could  be  seduced  by  so  par- 
tial a  view  of  the  subject  as  was  presented  to  them,  and  I  suspect  it 
less  since  the  National  Assembly  has  constitutionally  excluded  con- 
quest from  the  objects  of  tlieir  government,  it  may  be  added  too,  that 
the  place  being  ours,  their  yards  of  cloth  and  silk  would  be  as  freely 
sold,  as  if  it  were  theirs."        .    .  ,    r  .. 


CEflMON   or    LOUISIANA. 


3T3 


;s  from 

ore  nnd 
ing  the 
lelief  in 
go,  tlint 
destined 
onversn- 

did  not 
i8t  com* 

diflicul- 
»  convic- 
>tnnt  nnd 

nnd  the 
;  frirndly 
ferest  in 
issippi  is 
fire  to  be 
that  will 

:oived  the 

my  show 
I)  in  your 
tlint  the 
a  jhoject 
(1  tliat  he 
, and  ob- 
ect  to  his 
yards  of 
—but  lie 
nnd  pro- 
rs,  or  to 
of  it.    I 
y  so  par- 
uspect  it 
dcd  con- 
too,  that 
as  freely 


coniilit  with  prndencc  nnd  dignity,  to  lend  the  conncila  of  France 
(o  proper  tIcws  of  this  subject,  nnd  to  nn  nbnndonment  of  her 
present  purpose.  You  will,  nlno,  pursue  by  prudent  menns,  the 
enquiry  into  the  citeni  of  the  cession,  pnrticulnrly,  whether  it  in> 
eludes  the  FInridas,  ns  well  ns  New  Orleans,  nnd  endeavour  to  ns- 
certain  the  price  at  which  these,  if  included  in  the  cession,  would 
be  yielded  to  the  United  States.  I  cannot  in  the  present  state  of 
things  be  mure  particular  on  this  head  than  to  observe,  that  in 
every  view  it  would  be  a  most  precious  acquisition,  and  that  as  far 
ns  the  terms  could  be  satisfied  by  charging  on  the  acquisition  it- 
self, the  restitution  and  other  debts  to  American  citizens,  great 
liberality  would,  doubtless,  be  indulged  by  this  government.^' 

This  was  a  period  of  extreme  anxiety  ;  the  reports  from 
Europe  were  various,  but  all  alarming.  It  was  believed 
that  France  had  made  the  acquisition  of  Louisiana  prior  to 
1801,  though  the  precise  date  could  not  be  ascertained,  nor 
the  object  that  government  had  in  view.  Since  the  nego- 
tiations in  Europe  during  the  revolution  war,  the  business 
of  the  cession  of  Louisiana  was  really  the  most  important 
topic,  that  has  occurred  in  our  diplomatic  history.  And  in 
that  circumstance,  we  trust,  we  shall  find  an  apology  for  in- 
troducing another  extract  from  a  despatch,  written  about  this 
time,  to  the  American  Minister  in  Spain,  May  11,  1802. 

"  We  are  still  without  a  line  from  you  since  your  arrival  at  Mad- 
rid, and  feel  an  increasing  solicitude  to  hear  from  you  on  the  sub- 
ject of  Louisiana.  The  latest  information  from  Paris  has  confirmed 
the  fact,  that  it  was  ceded  by  a  treaty,  prior  to  that  of  March  1801, 
and  notwithstanding  the  virtual  denial  of  the  cession  in  the  early 
conversations  between  Mr.  Livingston  and  the  Minister  of  Foreign 
Relations,  a  refusal  of  any  explanations,  at  present,  seems  to  admit 
that  the  cession  has  taken  place.  Still,  there  are  chances  of  ob- 
taining a  reversal  of  the  transaction.  The  repugnance  of  the 
United  States  to  it,  is  and  will  be  pressed  in  a  manner,  that  cannot 
be  without  some  efiect.  It  is  known  that  most  of  the  French 
statesmen,  best  informed  on  the  subject,  disapprove  of  it.  The 
pecuniary  difficulties  of  the  French  government  must,  also,  be  felt 
as  a  check  :  whilst  the  prospect  of  a  protracted  and  expensive  war 
in  St.  Domingo,  must  form  a  very  powerful  obstacle  to  the  cxccu- 


s-j^ 


CESSION    OF   LOUISIANA. 


['^ 


m 


tion  of  the  project.  The  councils  of  England  appear  to  have  been 
torpid  on  this  occasion.  Whether  it  proceed  from  an  unwilling;- 
ness  to  risk  a  fresh  altercation  with  France,  or  from  a  hope  that 
Auch  a  neighbourhood  between  France  and  the  United  States  would 
lead  to  collisions,  which  might  be  turned  to  her  advantage,  is  more 
than  I  can  decide.  The  latter  consideration  might  justly  have 
great  weight  with  her,  but  as  her  eyes  may  be  more  readily  turn- 
ed to  the  immediate  and  certain  purposes  <  Se  answered  to  her 
rival,  it  is  to  be  presumed,  that  the  policy  of  England  will  contri- 
bute to  thwart  the  acquisition.  What  the  intentions  of  Spain  may 
be,  we  wait  to  learn  from  you.  Verbal  information  from  inofficial 
sources  has  led  us  to  infer,  that  she  disowns  the  instrument  of  ces- 
sion and  will  rigorously  oppose  it.  Should  the  cession  actually 
fail  from  this  or  any  other  cause,  and  Spain  retain  New  Orleans 
and  the  Floridas,  I  repeat  to  you  the  wish  of  the  President,  that 
every  effort  and  address  be  employed  to  obtain  the  arrangement, 
by  which  the  territory  on  the  east  side  of  the  Mississippi^  including 
JVctB  Orleans,  may  be  ceded  to  the  United  States,  and  Mississippi  made 
a  common  boundary  with  the  common  use  of  its  navigation  for  them 
and  Spain.  The  inducements  to  be  )  :;ld  out  to  Spain  were  inti- 
mated in  your  original  instructions  on  his  point.  I  um  charged  by 
the  President  now  to  add,  that  you  may  ot  only  receive  and  transmit 
a  proposition  of  guaranty  of  her  territory  'ijond  the  Mississippi,  as  a 
condition  of  her  ceding  to  the  United  State:  he  territory  including  JVew 
Orleans  on  this  side,  but  in  case  it  he  nect  ary,  may  make  the  proposi- 
tion yourself,  in  the  forms  required  by  ov  constitution.  You  will  in- 
fer from  this  enlargement  of  your  audi  ity,  how  much  importance 
is  attached  to  the  object  in  question,  fi  "curing  a  precious  acqui- 
sition to  the  United  States,  as  well  as  a  natural  and  quiet  boundary 
with  Spain,  and  will  derive  from  this  consideration  additional  mo- 
tives to  discharge,  with  a  prudent  zeal,  the  task  committed  to 
you." 

The  latter  part  of  the  year  1802  did  not  bring  informa- 
tion at  all  satisfactory  to  tiie  American  government ; — war 
or  the  settlement  of  the  French  peaceably  in  Louisiana  were 
offered  to  our  choice,  and  it  did  net  much  signify,  which  al- 
ternative was  accepted.  We  had,  already,  found  the  Span- 
iards troublesome  enough  as  neighbours,  but  with  the  English 


CESSION   or   LOUISIANA. 


375 


have  been 
unwilling- 
hope  that 
ates  would 
l^e,  if  more 
jstly  have 
jidWy  turn- 
ed to  her 
rill  contri- 
Spain  may 
D  inofficial 
jnt  of  ces- 
n  actually 
w  Orleans 
ident,  that 
angement, 
,  including 
sippi  made 
n  for  them 
were  inti- 
:harged  by 
nd  transmit 
sippi^  as  a 
udivg  A''ew 
he  proposi- 
ou  will  in- 
rnportnnce 
ous  acqui- 
boundary 
tional  mo- 
tmitted  to 

iiiforma- 
\t ; — war 
ana  were 
which  al- 
ia Span- 
e  English 


in  possession  of  the  course  of  the  northern  lakes  and  of  the 
St.  Lawrence,  and  the  French  masters  of  the  valleys  of  the 
great  western  rivers  and  of  the  outlets  in  the  Gulph  of  Mex- 
ico, we  should  shortly  have  been  despoiled  of  all  the  benefits 
of  that  neutrality,  we  were  then  honourably  enjoying.  The 
two  most  powerful  as  well  as  ambitious  nations  of  £urope, 
entrenched  upon  our  northern,  western  and  southern  fron- 
tier,— (and  in  the  face  of  their  numerous  navies  it  could 
hardly  be  said,  that  even  the  Atlantic  was  open)  and  having 
pursued  each  other  with  a  deadly  hatred  on  all  the  conti- 
nents of  the  old  world,  threatened  to  select,  as  their  last 
field,  the  distant  possessions  of  America,  not  those  shores, 
£rst  approached  by  Europeans,  but  the  very  heart  and  bow- 
els of  our  country,  penetrating,  in  a  single  campaign,  with 
their  armies  and  military  array  those  remote  and  inland  re- 
gions, to  which,  at  the  end  of  half  a  century,  even,  the  as- 
tonishing and  rapid  progress  of  our  own  population  had  just 
reached.  We  should  have  seen  great  armies  contending  be- 
tween the  Pacific  and  Atlantic,  with  a  desert  on  one  side  of 
them  and  a  civilized  nation  on  the  other  ; — as  if  wearied  of 
desolating  the  ancient,  rich  fields, — of  destroying  the  com- 
pact villages  of  Europe,  they  had  chosen  these  extensive 
prairies  on  account  of  their  solitude  and  remoteness.  We 
should  have  seen,  too,  renewed,  the  scenes  we  had  witnessed 
so  often  as  colonies,  and  though  now  at  liberty  to  select  the 
foe,  no  other  advantages  would  have  fallen  to  our  lot  in  the 
war.  What  benefit  could  a  partition  of  the  richest  spoil  con- 
fer, if  the  division  took  place  on  condition,  that  extensive 
territories  on  this  continent  should  be  left  in  the  hands  of  a 
powerful  nation.  We  should  merely  have  been  fighting  to 
augment  the  resources,  to  sharpen  the  weapons  of  a  state, — 
to  render  still  more  powerful  a  people,  destined,  perhaps,  at 
an  early  period  to  become  in  its  turn  an  enemy. 

The  administration  watched  with  an  anxious  and  vigilant 
eye  the  movements  in  Europe  and  in  its  own  neighbourhood. 
The  people,  at  large,  were  probably  little  aware  of  the  dan- 
ger with  which  they  were  menaced,  and  though  any  great 
portion  of  secrecy  appears  impossible  in  the  operations  of  this 


ii'f 


!»'' 


Ml. 

11'  ■  ■ 


W: 


^&-' 

Ff 


376 


CESSION  OF   LOUISIANA. 


government,  yet  the  whole  business  was  managed  with  re- 
markable caution  and  discretion.  It  is  far,  indeed,  from  be- 
ing imaginary,  that  the  executive  looked  forwaid  at  that  pe- 
riod to  the  contingency  of  a  war.  In  May  and  April  1803, 
Mr.  Madison,  secretary  of  state,  sent  the  following  confiden- 
tial and  important  communications  to  Messrs.  Monroe  and 
Livingston  in  Paris. 

"  If  the  French  government,  instead  of  friendly  arrangements  or 
views,  should  be  found  to  meditute  hostilities,  or  to  have  formed 
projects,  which  will  constrain  the  United  States  to  resort  to  hostili- 
ties, such  communications  are  then  to  be  held  with  the  British  gov- 
ernment, as  will  sound  its  dispositions,  and  invite  its  concurrence 
In  the  war.  Your  own  prudence  will  suggest,  that  the  communi- 
cations be  80  made,  as,  on  one  hand,  not  to  precipitate  France 
into  hostile  operations,  and,  on  the  other,  not  to  lend  Great  Britain 
to  form  the  supposition,  that  war  depends  on  the  choice  of  the 
United  States,  and  that  their  choice  of  war  will  depend  on  her  par- 
ticipation in  if.  If  war  is  to  be  the  result,  it  is  manifestly  desira- 
ble, that  it  be  delayed  until  the  certainty  of  this  result  can  be 
known,  and  the  legislative  and  other  provisions  can  be  made  here : 
and,  also,  of  great  importance  that  the  certainty  should  not  be 
known  to  Great  Britain,  who  might  take  advantage  of  the  posture 
of  things  to  press  on  the  United  States  disagreeable  conditions  of 
her  entering  into  the  war. 

*^  It  will  probably  be  most  convenient  in  exchanging  ideas  with 
the  British  government  to  make  use  of  its  public  minister  at  Paris  as 
less  likely  to  alarm  and  stimulate  the  French  government,  and  to 
raise  the  pretensions  of  the  British  government,  than  the  repairing 
of  either  of  you  to  London,  which  might  be  viewed  by  both  as  u 
signal  of  rupture.  The  latter  course,  however,  may  possibly  be 
rendered  most  eligible  by  the  pressure  of  the  crisis. 

"  Notwithstanding  the  just  repugnance  of  this  country  to  a  coali* 
tion  of  any  sort  with  the  belligerent  parties  of  Europe,  the  advan- 
tages to  be  derived  from  the  cooperation  of  Great  Britain  in  a  war 
of  the  United  States  at  this  period  agrainst  France  and  her  allies, 
are  too  obvious  and  too  important  to  be  renounced.  And,  notwith- 
standing the  apparent  disinclination  of  the  British  councils  to  a  re- 
newal of  hostilities  with  France,  it  will  probably  yield  to  the  vari- 
ous motives,  which  will  be  felt,  to  have  the  United  States  in  the 


•i4 


CESSION   or   LOUISIANA. 


STt 


rith  re- 
•om  be- 
;hat  pe- 
[  1803, 
)n(iden- 
oe  and 

vents  or 
!  formed 
9  hostili- 
tish  gov- 
:urrence 
ommuni- 
B  France 
t  Britain 
e  of  tiie 
her  par- 
y  desira- 
t  can  be 
de  here : 
\  not  be 
i  posture 
litions  of 

eas  with 

Paris  as 

and  to 

pairing 

)oth  as  u 

isibly  be 

a  couli'o 
ad van- 
in  a  war 
ir  allies, 
notwith- 
to  a  re- 
le  V  ari- 
ls in  the 


scale  of  BritaiD  against  France,  and,  particularly,  for  the  immediate 
purpose  of  defeating  a  project  of  the  latter,  which  has  evidently 
created  much  solicitude  in  the  British  government. 

"  The  price  which  she  may  attach  to  her  cooperation  cannot  be 
foreseen,  and  therefore  cannot  be  the  subject  of  full  and  precise 
instructions.     It  may  be  expected  that  she  will  insist,  at  least,  on  a 
stipulation  that  neither  of  the  parties  shall  make  peace  or  truce' 
without  the  consent  of  the  other,  and  as  such  an  article  cannot  be 
deemed  unreasonable,  and  will  secure  us  against  the  possibility  of 
her  being  detached  in  the  course  of  the  war,  by  seducing  overtures 
from  France,  it  will  not  be  proper  to  raise  difficulties  on  that  ac- 
count.    It  may  be  useful,  however,  to  draw  from  her  a  definition, 
as  far  as  the  case  will  admit,  of  the  objects  contemplated  by  her, 
that  whenever,  with  ours  they  may  be  attainable  by  peace,  she 
may  be  duly  pressed  to  listen  to  it.     Such  an  explanation  will  be 
the  more  reasonable,  as  the  objects  of  the  United  States  will  be  so 
fair  and  so  well  known. 

"  It  is  equally  probable,  that  a  stipulation  of  commercial  advan- 
tages in  the  Mississippi  beyond  those  secured  by  existing  treaties, 
will  be  required.  On  this  point  it  may  be  answered  at  once,  that 
Great  Britain  shall  enjoy  a  free  trade  with  nil  the  ports,  to  be  ac- 
quired by  the  United  States,  on  the  terms,  allowed  to  the  most 
favc'irej  nation  in  the  ports,  generally  of  the  United  States.  If 
made  an  essential  condition,  you  may  admit  that  in  the  ports  to  be 
acquired  within  the  Mississippi,  the  trade  of  her  subjects  shall  be 
on  the  same  footing  for  a  term  of  about  ten  years  with  that  of  our 
own  citizens.  But  the  United  States  are  not  to  be  bound  to  the 
exclusion  of  the  trade  of  any  particular  nation,  or  nations. 

"  Should  a  mutual  guaranty  of  the  existing  possessions,  or  of 
the  conquests  to  be  made  by  the  parties,  be  proposed,  it  must  be 
explicitly  rejected,  as  of  no  value  to  the  United  States,  and  as  en- 
tangling them  in  the  frequent  wars  of  that  nation  with  other  powers, 
and  very  possibly  in  disputes  with  that  nation  itself. 

"  The  anxiety,  which  Great  Britain  has  shown  to  extend  her 
domain  to  the  Mississippi,  the  uncertain  extent  of  her  claims  from 
north  to  south  beyond  the  western  limits  of  the  United  States,  and 
the  attention  she  had  paid  to  the  northwest  coast  of  America,  make 
it  probable  that  she  will  connect,  with  a  war  on  this  occasion,  a 
pretension  to  the  acquisition  of  the  country  on  the  west  side  of  the 

VOL.  I.  48 


878 


cxasioM  or  Louisiana. 


Mississippi,  understood  to  be  ceded  by  Spain  to  France,  or,  at  least, 
of  that  portion  of  it  lying  between  that  river  and  the  Missouri. 
The  evils  involved  in  such  an  extension  of  her  possessions  in  our 
neighbourhood  and  in  such  a  hold  on  the  Mississippi  are  obvious. 
The  acquisition  is  the  more  objectionable,  as  it  would  be  extremely 
displeasing  to  our  western  citizens,  and  as  its  evident  bearing  on 
South  America  might  be  expected  to  rouse  all  the  jealousies  of 
France  and  Spain,  and  to  prolong  the  war,  on  which  the  event 
would  depend.  Should  this  pretension,  therefore,  be  pressed,  it 
must  be  resisted  as  altogether  repugnant  to  the  sentiments  and 
sound  policy  of  the  United  States.  But  it  may  be  agreed  in  alle- 
viation of  any  disappointment  of  Great  Britain,  that  France  shall 
not  be  allowed  to  retain  or  acquire  any  part  of  the  territory,  from 
which  she,  herself,  would  be  precluded."^—"  It  will  only  be  ob- 
served to  you,  that  if  f^rance  should  avow  or  evince  a  determina- 
tion to  deny  to  the  United  States  the  free  navigation  of  the  Missis- 
sippi, your  consultations  with  Great  Britain  may  be  held  on  the 
ground,  that  war  is  inevitable.  Should  the  navigation  not  be  dis- 
puted, and  the  deposite  alone  be  denied,  it  will  be  prudent  to  adapt 
your  consultations  to  the  possibility,  that  Congress  may  distinguish 
between  the  two  cases,  and  make  a  question,  how  far  the  latter 
right  may  call  for  an  instant  resort  to  arms,  or  how  far  a  procrasti- 
nation of  that  remedy  may  be  suggested  and  justified  by  the  pros- 
pect of  a  more  favourable  conjecture. 

The  solicitude  of  England  with  respect  to  Louisiana  is  sufficiently 
evinced  by  her  controlling  the  French  expedition  from  Holland  to 
that  country.  But  her  views  have  been  particularly  unfolded  to 
Mr.  King  by  Mr.  Addington,  who  frankly  told  him,  that  in  case  a 
war  should  happen,  it  would  perhaps  be  one  of  their  first  steps  to 
occupy  New  Orleans,  adding  that  it  would  not  be  to  keep  it,  for  that 
England  would  not  accept  the  country  were  all  agreed  to  give  it 
to  her,  but  to  prevent  another  power  from  obtaining  it,  which,  in 
his  opinion,  would  be  best  effected  by  its  belonging  to  the  United 
States,  and  concluding  with  assurances,  that  nothing  should  be  done 
injurious  to  their  interests.  If  the  councils  of  France  should  be 
guided  by  half  the  wisdom,  which  is  here  displayed  on  the  part  of 
her  rival,  your  negotiations  will  be  made  very  easy,  and  the  result 
of  them  very  satisfactory." 


CXS8I01V  OF  LOUISIAITA. 


379 


at  least, 
Missouri. 
IS  in  our 

obvioas. 
xtremely 
iariog  on 
ousies  of 
the  event 
ressed,  it 
lents  and 
id  in  alle- 
ince  sliali 
ory,  from 
\\y  be  ob- 
etermina- 
he  Missis- 
Id  on  the 
lot  be  dis- 
it  to  adapt 
listinguish 
the  latter 

procrasti- 

the  proa- 

ufficiently 

iolland  to 
folded  to 
in  case  a 

St  steps  to 
t,  for  that 

to  give  it 
which,  in 
he  United 
d  be  done 
hould  be 
e  part  of 
the  result 


i  When  France  became  oppressed  with  a  want  of  money, 
and  the  war,  renewed  with  England,  precluded  the  possibili- 
ty of  executing  her  projects  in  the  west,  an  individual  was 
employed  in  this  country  to  intimate  to  the  American  gov- 
ernment, that  the  First  Consul  would,  for  the  payment  of  a 
sum  of  money,  consent  to  the  transfer  of  a  portion  of  Lou- 
isiana ; — the  sum  was  mentioned  as  well  as  the  territory 
proposed  for  the  cession.  This  communication,  not  in  any 
way  official,  came  from  p.  quarter,  sufficiently  respectable,  to 
attract  attention,  though,  as  Congress  was  not,  at  that  time, 
in  session,  and  the  proposition  involving  the  necessity  of  an 
appropriation,  the  Executive  preferred  to  reserve  the  con- 
sideration of  it  for  a  more  suitable  season. 

The  arrangement  was  too  advantageous  to  be  neglected ;— - 
it  promised,  at  once,  to  relieve  the  country  from  the  extreme 
danger  of  a  useless  and  costly  war,  and  the  continual  and 
infinite  inconvenience  and  injuries  of  troublesome,  powerful 
and  mischievous  neighbours.  But  the  acquisition  of  the 
whole  of  Louisiana  was  not  included  in  the  proposition,  nor 
did  it  occur  to  the  cabinet.  Separate  from  a  desire  to  pre- 
vent an  expedition  of  the  French,  it  was  an  important  object 
^in  the  accomplishment  of  which  the  United  States  had 
been  industriously  engaged  for  many  years)  to  secure  the 
navigation  of  the  Mississippi,  and  a  settled  boundary  on  the 
west  toward  the  Spanish  possessions.  The  original  plan 
will  be  detailed  in  the  instructions  to  Messrs.  Monroe  and 
Livingston,  we  shall  presently  quote.  For  the  present,  we 
have  only  to  remark,  that  the  President,  early  in  1803,  de- 
termined to  send  a  special  commissioner  to  Paris  to  endea- 
vour, in  conjunction  with  the  resident  minister,  to  effect  an 
arrangement  in  regard  to  Louisiana.  The  following  extract 
from  a  letter,  written  in  January  of  that  year,  will  best  ex- 
plain the  object  and  form  of  the  commission. 

"  Mr.  Monroe  will  be  the  bearer  of  the  instructions,  under  which 
you  are  jointly  to  negotiate.  The  object  of  them  will  be  to  pro- 
cure a  cession  of  New  Orleans  and  Floridas  to  the  United  States, 
and  consequently  the  establishment  of  the  Mississippi  as  the  bound- 
ary between  the  United  States  and  Louisiana.     In  order  to  draw 


S80 


CESSION    OF    LOUISIANA. 


'^^'■'h 


the  French  government  into  the  meusure,  a  sum  of  money  will 
mnke  part  of  our  propositions,  to  which  will  be  added  sach  regala- 
tions  of  the  commerce  of  that  river  and  of  others,  entering  the 

Gulf  of  Mexico,  as  ought  to  be  satisfactory  to  France.'' "I  have 

thought  it  proper  to  communicate  thus  much  to  you,  without  wait- 
ing for  the  departure  of  Mr.  Monroe,  who  will  not  be  able  to  sail 
for  two  weeks,  or  perhaps  more.  I  need  not  suggest  to  you,  that 
in  disclosing  this  diplomatic  arrangement  to  the  French  govern- 
ment and  preparing  the  way  for  the  object  of  it,  the  utmost  care 
is  to  be  used  in  repressing  extravagant  anticipations  of  the  terms 
to  be  offered  by  the  United  States,  particularly  of  the  sum  of  money 
to  be  thrown  into  the  transaction.  The  ultimatum  on  this  point 
will  be  settled  before  the  departure   of  Mr.  Monroe  and  will  be 

communicated  by  him." "  For  the  present,  I  barely  remark 

that  a  proposition  made  to  Congress  with  shut  doors  is  under  con- 
sideration, which,  if  agreed  to,  will  authorize  a  payment  of  about 
ten  millions  of  livres  under  nrrangemeffts  of  time  and  place,  that 
may  be  so  convenient  to  the  French  government,  as  to  invite  a 
prompt  as  well  as  favourable  decision  in  the  case." 

It  is  not  difficult  to  understand  the  reasons,  that  induced 
the  French  government  to  part  with  Louisiana,  but  we  be- 
lieve the  motives  of  the  purchase  from  Spain  have  not  been 
explained  to  this  day.  It  does  not  seem  likely,  it  should 
have  been  made  with  the  intention  of  a  future  transfer  to 
this  or  any  other  country.  Napoleon  Bonaparte  did  not  give 
himself  much  trouble,  or  exercise  much  delicacy  in  regard 
to  the  demands  of  foreign  governments ; — and  without  at  all 
knowing  how  much  it  cost  him  to  procure  the  treaty  of  St. 
Ildefonso,  we  cannot  believe  that  the  just  claims  of  Ameri- 
can citizens  had  a  great  influence  on  his  conduct  in  that 
transaction.  If  no  one,  in  modern  times,  has  surpassed,  in 
profound  political  shrewdness  and  sagacity,  the  minister  of 
foreign  relations  of  the  consular  government,  it,  still,  cannot 
be  the  slightest  reproach  to  him  to  intimate,  that  it  was,  by 
no  means  probable,  he  should  have  foreseen  the  truce  of 
Amiens,  the  almost  immediate  renewal  of  the  war,  and  the 
entire  impossibility  for  the  French  to  carry  into  execution 
the  splendid  scheme  they  had  formed  in  regard  to  Louisiana. 


■r' 


CESSION    or    LOUISIANA. 


381 


jney  will 
h  regula- 
ering  the 
-"  1  have 
out  wait- 
>le  to  sail 


jroo, 


that 


1  govern' 
most  care 
the  terms 
of  money 
:his  point 
id  will  be 
y  remark 
inder  con- 
it  of  about 
>lace,  that 
,0  invite  a 

t  induced 
it  we  be- 
not  been 
it  should 
-ansfer  to 
not  give 
in  regard 
Dut  at  all 
y  of  St. 
f  Araeri- 
t  in  that 
assed,  in 
inister  of 
,  cannot 
was,  by 
truce  of 
and  the 
xecution 
ouisiana. 


At  any  rate,  this  combination  of  events  and  circumstances, 
this  juncture  of  affairs  led  to  one  of  the  most  fortunate  results 
possible  for  this  country,  and  of  which  we  happened  to  be 
in  a  situation  to  take  an  immediate  and  the  fullest  advantage. 
We  shall  now  recite  at  some  length  the  important  topics 
in  the  instructions  to  Messrs.  Livingston  and  Monroe  ; — they 
are  long  and  numerous,  but  we  should  not  have  felt  justified 
in  abbreviating,  much  less  in  suppressing  a  state  paper  of 
this  description. 

"  March  2d.  1803. — You  will,  herewith,  receive  a  commission 
and  letters  of  credence,  one  of  you  as  Minister  Plenipotentiary,  and 
the  other  as  Minister  Extrnordinnry  und  Plenipotentiary  to  treat 
with  the  government  of  the  French  republic  on  the  subject  of  the 
Mississippi  and  the  territories  eastward  thereof,  and  without  the 
limits  of  the  United  States.  The  object  in  view  is  to  procure,  by 
just  and  satisfactory  arrangements,  a  cession  to  the  United  States 
of  New  Orleans,  and  of  West  and  East  Florida,  or  as  much  there- 
of, as  the  actual  proprietor  can  be  prevailed  on  to  part  with." 

"  Among  the  considerations,  which  have  led  the  French  govern- 
ment into  the  project  of  regaining  from  Spain  the  province  of  Lou- 
isiana, and  which  you  may  find  it  necessary  to  meet  in  your  dis- 
cussions, the  following  suggest  themselves  as  highly  probable  : 

^^  1st.  A  jealousy  of  the  Atlantic  States,  as  leaning  to  a  coalition 
with  Great  Britain,  not  consistent  with  neutrality  and  amity  toward:} 
France,  and  a  belief,  that  by  holding  the  key  to  the  commerce  of 
the  Mississippi,  she  will  be  able  to  command  the  interests  and  at- 
tachments of  the  western  portion  of  the  United  States,  and,  there- 
by, either  control  the  Atlantic  portion  also,  or,  if  that  cannot  be 
done,  to  seduce  the  former  into  a  separate  government,  and  a  close 
alliance  with  herself.  In  each  of  these  particulars,  the  calculation 
is  founded  in  error. 

"  It  is  not  true  that  the  Atlantic  States  lean  towards  any  connex- 
ion with  Great  Britain,  inconsistent  with  their  amicable  relations 
to  France.  Their  dispositions  and  their  interests  equally  prescribe 
to  them  amity  and  impartiality  to  both  of  those  nations.  If  a  de- 
parture from  this  simple  and  salutary  line  of  policy  should  take 
place,  the  causes  of  it  will  be  found  in  the  unjust  or  unfriendly 
conduct,  experienced  from  one  or  other  of  them.  In  general,  it 
may  be  remarked,  that  there  are  as  many  points,  on  which  the  in- 


382 


CKSSION   or  LOUISIAMA. 


!s;i?f 


tereats  and  views  of  the  United  States  and  of  Great  Britain  may 
not  be  thought  to  coincide,  as  can  be  discovered  in  relation  to 
France.  If  less  harmony  and  confidence  should,  therefore,  prevail 
between  France  and  the  United  States,  than  may  be  maintained 
between  Great  Britain  and  the  United  States,  the  difference  will 
lie,  not  in  the  want  of  motives,  drawn  from  the  mutual  advantage 
of  the  two  nations,  but  in  the  want  of  favourable  dispositions  in  the 
governments  of  one  or  other  of  them. 

*^  The  French  government  is  not  less  mistaken,  if  it  supposes 
that  the  western  part  of  the  United  States  can  be  withdrawn  from 
their  present  union  with  the  Atlantic  part,  into  a  separate  govern- 
ment closely  allied  with  France. 

"  Our  western  fellow  citizens  are  bound  to  the  union,  not  only 
by  the  ties  of  kindred  and  affection,  which  for  a  long  time  will  de- 
rive strength  from  the  stream  of  emigration,  peopling  that  region, 
but  by  two  considerations,  which  flow  from  clear  and  essential  in- 
terests. 

*^One  of  these  considerations  is,  the  passage  through  the  Atlantic 
ports  of  the  foreign  merchandise,  consumed  by  the  western  inhabi- 
tants and  the  payments  thence  made  to  a  treasury,  in  which  they 
would  lose  their  participation,  by  erecting  u  separate  government. 
The  bulky  productions  of  the  western  country  may  continue  to 
pass  down  the  Mississippi,  but  the  difficulties  of  the  ascending  navi- 
gation of  that  river,  however  free  it  may  be  made,  will  cause  the 
imports  for  consumption  to  pass  through  the  Atlantic  States.  This 
is  the  course  through  which  they  are  now  received,  nor  will  the 
impost,  to  which  they  will  be  subject,  change  the  course,  even  if 
the  passage  up  the  Mississippi  should  be  duty  free.  It  is  true  that 
mechanical  and  other  improvements  in  the  navigation  of  the  Mis- 
sissippi may  lessen  the  labour  and  expense  of  ascending  the  stream, 
but  it  is  not  the  least  probable  that  savings  of  this  sort  will  keep 
pace  with  the  improvements  in  canals  and  roads  by  which  the  pre- 
sent cause  of  imports  will  be  favoured. 

*^  The  other  of  these  considerations  results  from  the  insecurity, 
to  which  the  trade  from  the  Mississippi  would  be  exposed  by  such 
a  revolution  in  the  western  part  of  the  United  States.  A  connexion 
of  the  western  people,  as  a  separate  state  with  France,  implies  a 
connexion  between  the  Atlantic  States  and  Great  Britain.  It  is 
found  from  long  experience  that  France  and  Great  Britain  are 


tain  may 
ilalion  to 
!,  prevail 
aintained 
ence  will 
dvaDtage 
)M  in  the 

supposes 
awn  from 
e  govern- 

,  not  only 
e  will  de- 
at  region, 
sential  in- 

le  Atlantic 
irn  inhabi- 
/hich  they 
ivernment. 
ontinue  to 
ding  navi- 
cause  the 
tes.    This 
)r  will  the 
16,  even  if 
true  that 
f  the  Mis- 
e  stream, 
will  keep 
h  the  pre- 

insecurity, 
3d  by  such 
■connexion 
implies  a 
dn.  It  is 
kitain  are 


OBSSIOM  or   LOUISIANA. 


883 


nearly  half  the  time  at  war.  The  case  would  be  the  same  with 
their  allies.  During  nearly  one  half  the  time,  therefore,  the  trade 
of  the  western  country  from  the  Mississippi  would  have  no  pro- 
tection but  that  of  France,  and  would  suffer  all  the  interruptions, 
which  nations,  having  the  command  of  the  sen,  could  inflict  on  it. 
t~  **  Sd.  The  advancement  of  the  commerce  of  France  by  an  estab- 
lishroent  on  the  Mississippi  has,  doubtless,  great  weight  with  the 
government,  in  espousing  this  project. 

"The  commerce  through  the  Mississippi  will  consist,  1st,  of  that 
of  the  United  States ;  2d,  of  that  of  the  adjacent  territories  to  be 
acquired  by  France. 

"  The  first  is  now,  and  must  for  ages,  continue  the  principal 
commerce.  The  article,  to  be  proposed  to  her  on  the  part  of  the 
United  States  on  that  subject,  promises  every  advantage  she  can 
desire.  It  is  a  fair  calculation,  that  under  the  proposed  arrange- 
ment her  commercial  opportunities  would  be  extended  rather  than 
diminished,  inasmuch  as  our  present  right  of  depcsile  gives  her  the 
same  competitors,  as  she  would  then  have,  and  the  effect  of  the 
more  rapid  settlement  of  the  western  country,  consequent  on  that 
arrangement,  would  proportionably  augment  the  mass  of  commerce 
to  be  shared  by  her. 

*'  The  other  portion  of  commerce,  with  the  exception  of  the 
Island  of  New  Orleans  and  the  contiguous  ports  of  West  Florida, 
depends  on  the  territory  westward  of  the  Mississippi.  With  re- 
spect to  this  portion,  it  will  be  little  affected  by  the  cession,  desired 
by  the  United  States.  The  footing  proposed  for  her  commerce  on 
the  shore  to  be  ceded  gives  it  every  advantage  she  could  reasona- 
bly wish  during  a  period  within  which  she  will  be  able  to  provide 
every  requisite  establishment  on  the  right  shore,  which  according 
to  the  best  information,  possesses  the  same  facilities  for  such  estab- 
lishments as  are  found  on  the  Island  of  New  Orleans  itself. 

"  There  remains  to  be  considered  the  commerce  of  the  ports  in 
the  Floridas.  With  respect  to  this  branch  the  advantages,  which 
will  be  secured  to  France  by  the  proposed  arrangement,  ought  to 
be  satisfactory.  She  will  here,  also,  derive  a  greater  share  from 
the  increase,  which  will  be  given  by  a  more  rapid  settlement  of  a 
fertile  territory  to  the  exports  and  imports  through  those  ports, 
than  she  would  obtain  from  any  restrictive  use  she  could  make  of 
those  ports  as  her  own  property. 


384 


CKSSION    OF    LOUISIANA. 


**  With  a  view  to  permanent  harmony  between  the  two  nationi, 
a  cession  of  the  Fioridas  is  particularly  to  be  desired,  as  ob? iating 
serious  controversies,  that  might  otiienvise  grow  even  out  of  the 
regulations,  however  liberal  in  the  opinion  of  France,  which  she 
may  establish  at  the  mouths  of  those  rivers.  One  of  the  rivers, 
the  Mobile,  is  said  to  be  at  present  navigable  for  400  miles  above 
the  31°  of  latitude,  and  the  navigation  may  no  doubt  be  opened 
still  further.  On  all  of  them  the  country  within  the  boundary  of 
the  United  States,  though  otherwise  between  that  and  the  sea,  is 
fertile.  Settlements  on  it  are  beginning,  and  the  people  have  al- 
ready called  on  the  government  to  procure  the  proper  outlets  to 
foreign  markets.  >it 

"  3d.  A  further  object  with  France  may  be  to  form  a  colonial 
establishment,  having  a  convenient  relation  to  her  Weet  India  Isl- 
ands, and  forming  an  independent  source  of  supplies  for  them. 

"  The  principles  and  outlines  of  the  plan  of  cession  are  as  fol- 
lows, viz.  i  .:^4.j»ir 

**  1st.  France  cedes  to  the  United  States,  forever,  the  territory, 
east  of  the  river  Mississippi,  comprehending  the  two  Fioridas,  the 
i«land  of  New  Orleans  and  the  islands  lying  to  the  north  and  east 
of  the  channel  of  the  said  river,  which  is  commonly  called  the 
South  Pass,  together  with  all  such  other  islands  as  appertain  to 
either  West  or  East  IHorida  ;  France  reserving  to  herself  all  her 
territory  on  the  west  side  of  the  Mississippi.  ,.  ^^ 

"  2d.  The  boundary  between  the  territory,  ceded  and  reserved 
by  France,  shall  be  a  continuation  of  that  already  defined  above 
the  31st  degree  of  north  latitude,  viz.,  the  middle  of  the  channel  or 
bed  of  the  river,  through  the  said  South  Pass  to  the  sea.  The  navi- 
gation of  the  river  Mississippi,  in  its  whole  breadth  from  its  source 
to  the  ocean  and  in  all  its  passages  to  and  from  the  same,  shall  be 
equally  free  and  common  to  citizens  of  the  United  States  and  of  the 
French  Republic. 

"  3d.  The  vessels  and  citizens  of  the  French  Republic  may  ex- 
ercise commerce  to  and  at  such  places  on  their  respective  shores 
below  the  said  thirty-first  degree  of  north  latitude,  as.  may  be  allow- 
ed for  that  use  by  the  parties  to  their  respective  citizens  and  ves- 
sels. And  it  is  agreed,  that  no  other  nation  shall  be  allowed  to 
exercise  commerce  to  or  at  the  same,  or  any  other  place  on  either 
shore  below  the  said  thirty-first  degree  of  latitude  for  the  term  of 


CEaaiON   or  LoviaiAWA. 


385 


o  nationtf 
obfiatiog 
Dut  of  the 
which  she 
he  rivent 
ilea  above 
be  opened 
>undary  of 
Ihe  sea,  ia 
e  have  al- 
outlets  to 

a  coloDial 
t  India  Isl- 
them, 
ire  as  fol- 

territory, 
oridas,  the 
h  and  east 
called  the 
•pertain  to 
geir  all  her 

t 

d  reserved 
ned  above 
channel  or 
The  navi- 
its  source 
e,  shall  be 
and  of  the 

ic  may  ex- 
ive  shores 
f  be  allow- 
s  and  ves- 
allowed  to 
>  on  either 
le  term  of 


tea  yean,  to  be  computed  from  the  exchange  of  the  ratificatiooa 
hereof.  The  citizens,  vessels  and  merchandises  of  the  United 
States  and  of  France  shall  be  subject  to  no  other  duties  on  their 
respective  shores  beloiv  the  said  thirty-first  degree  of  latitude,  than 
are  imposed  on  their  own  citizens,  vessels  and  merchandises.  No 
duty  whatever,  shall,  aAer  the  expiration  of  ten  years,  be  laid  on 
articles,  the  growth  or  manufacture  of  the  United  States  or  of  the 
ceded  territories,  exported  through  the  Mississippi  in  French  ves- 
sels, so  long  as  such  articles,  so  exported  in  vessels  of  the  United 
States  shall  be  exempt  from  duly  :  nor  shall  French  vessels,  export- 
ing such  articles  ever  aAerwards  be  subject  to  pay  a  higher  duty 
than  vessels  of  the  United  States. 

'*  4th.  The  citizens  of  France  may,  for  the  term  of  ten  years 
deposite  their  effects  at  New  Orleans  and  at  such  other  places  on 
the  ceded  shore  of  the  Mississippi,  as  are  allowed  for  the  com- 
merce of  the  United  States,  without  paying  any  other  duty  than  a 
fair  price  for  the  hire  of  stores. 

*'6th.  In  the  ports  and  commerce  of  West  and  East  Florida, 
France  shall  never  be  on  a  worse  footin|^  than  the  most  favoured 
nation,  and  for  the  term  of  ten  years  her  vessels  and  merchandise 
shall  be  subject  therein  to  no  higher  duties  than  are  paid  by  those 
of  the  United  States.  Articles  of  the  growth  and  manufacture  of 
the  United  States  and  of  the  ceded  territory,  exported  in  French 
vessels  from  any  port  in  West  or  East  Florida  shall  be  exempt 
from  duty  as  long  as  vessels  of  the  United  States  shall  enjoy  this 
exemption.  •  V       ;; :     .?    v'.  ? 

*^  6th.  The  United  States  in  consideration  of  the  cession  of  ter- 
ritory made  by  this  treaty  shall  pay  to  France millions  of 

livres  tournois. 

*^  I  th.  To  incorporate  the  inhabitants  of  the  hereby  ceded  terri- 
tory with  the  citizens  of  the  United  States  on  an  equal  footing  be- 
ing a  provision  which  cannot  now  be  made,  it  is  to  be  expected 
from  the  character  and  policy  of  the  United  States,  that  such  in- 
corporation will  take  place  without  unnecessary  delay.  In  the 
mean  time  they  shall  be  secure  in  their  persons  and  property,  and 
in  the  free  enjoyment  of  their  religion. 

Observations  on  the  Plan. 

'*  1st.  As  the  cession  to  be  made  by  France,  in  this  case,  must 
rest  on  the  cession  made  to  her  by  Spain,  it  might  be  proper  that 
VOL.  I.  49 


386 


CESSION     or     LOtriBIANA. 


I'K^ 


Spnin  should  bfi  n  pnrty  to  (he  Irnnsnctlon.  The  objectlont,  hoir- 
evcr,  to  (Inlny,  rcq<ilre  thnt  nothing  more  be  asked  on  our  pnrt,  (hnn 
cither  nn  exhibition  iind  rccitnl  of  the  trenty  between  France  and 
Spoin,  or  nn  engn^cment  on  the  pnrt  of  France,  that  the  occeMion 
of  Spain  will  be  given.  Nor  wili  it  be  advisable  to  insist,  even 
on  (his  much,  if  attended  with  difficulty  or  delay,  unless  there  be 
ground  to  suppose,  that  Spain  will  contest  the  validity  of  the  trans- 
action. 

*^  Article  third  is  one  whose  import  may  be  expected  to  undergo 
the  severest  scrutiny.  The  modification  to  be  desired  is,  that 
whilst  it  provides  for  the  interest  of  the  United  States  it  will  be 
acceptable  (o  France,  and  will  give  no  just  ground  of  complaint 
and  the  least  of  discontent  (o  Grea(  Britain. 

^^  The  present  form  of  the  article  ought  and  probably  will  be 
satisHictory  to  France  :  First,  because  it  secures  to  her  all  the  com- 
mercial advantages  in  the  river  which  she  can  well  desire  :  Second- 
ly, because  it  leaves  her  free  to  contest  the  mere  navigation  of  the 
river  by  Great  Britain  without  the  consent  of  France. 

**  The  article,  also,  in  its  present  form,  violates  no  right  of 
Great  Britain,  nor  can  she  reasonably  expect  of  the  United  States, 
that  they  will  contend  beyond  their  obligation  for  her  interest  at 
the  expense  of  their  own.  As  far  as  Great  Britain  can  claim  the 
use  of  the  river  under  her  treaties  with  us,  or  by  virtue  of  con- 
tiguous territory,  the  silence  of  the  article  on  thnt  subject  leaves 
the  claim  unadected.  As  far  again,  as  she  is  entitled  under  the 
treaty  of  1794,  to  the  use  of  our  bank  of  the  Mississippi  above  the 
31st  degree  of  north  latitude,  her  title  will  be  equally  entire. 

"  But  although  these  reasons  fully  justify  the  article  in  its  rela- 
tion to  Great  Britain,  it  will  be  advisable,  before  it  be  proposed,  to 
feel  the  pulse  of  the  French  government  with  respect  to  a  stipula- 
tion, that  each  of  the  parties  may,  without  the  consent  of  the  other, 
adtnit  whomsoever  it  pleases  to  navigate  the  river,  and  trade  with 
their  respective  shores  on  the  siime  terms  as  in  the  other  ports  of 
France  and  the  United  States,  and  as  far  as  the  disposition  of  that 
government  will  concur  to  vary  the  proposition  accordingly.  It  is 
not  probable  that  this  concurrence  will  be  given  :  but  the  trial  to 
obtain  it  will  not  only  manifest  a  friendly  regard  to  the  wishes  of 
Great  Britain,  and,  if  successful,  furnish  a  future  price  for  privi- 
leges within  her  grant,  but  as  a  just  attention  to  the  interests  of 


CBMION   or    LOUMIANA. 


367 


ni,  how- 
art,  than 
nnce  nnd 
icceMion 
list,  even 
there  be 
[he  trans- 

)  undergo 

I  is,  thnt 
it  will  be 
complaint 

Yy  will  be 

II  the  com- 
'. :  Second- 
tionof  the 

0  right  of 
ted  States, 
interest  at 
t  claim  the 
ue  of  con- 
ject leaves 
under  the 
above  the 
sntire. 
in  its  rcla- 
oposed,  to 
a  stipula- 
the  other, 
trade  with 
ZT  ports  of 
on  of  that 
ly.     It  is 
le  trial  to 
wishes  of 
for  privi- 
terests  of 


our  nettarn  fellow  citizens,  whose  commerce  will  not,  otherwise, 
be  on  .,n  equal  footing  with  that  of  the  Atlantic  states. 

"  Should  franco  not  only  refuse  any  such  change  in  the  article, 
but  iusi«4  on  a  recog  ition  of  the  right  to  exclude  all  nations,  other 
tlifin  the  VHi\$4  .States,  from  navigating  the  Mississippi,  it  may  be 
obserr^ii  to  her,  thtil  n  positive  stipulation  to  that  clTect  might 
subject  u«  1-0  the  charge  of  Intermeddling  with,  and  prejudging 
questions,  existing  merely  between  her  nnd  Great  Britain  ;  lliiit  the 
silence  of  the  article  in  sudicicnt,  that  as  Great  tiritain  never  as- 
serted a  claim  on  this  subject  .tgainst  Spain,  it  is  nut  tu  lie  pre- 
sumed, that  she  will  assert  it  against  France  on  her  taking  the 
place  of  Spain;  that,  if  the  claim  should  be  assorted,  the  treaties 
between  the  United  States  tind  Great  Britain  will  have  no  connex- 
ion with  it,  the  United  StatCii  having  in  these  treaties  given  their 
separate  consent  only  to  the  use  of  the  river  by  Great  Britain, 
leaving  her  to  seek  whatever  other  consent  may  be  necessary. 

If,  notwithstanding  such  expostulations  as  these,  France  shall  in- 
flexibly insist  on  an  express  recognition  to  the  above  cfTuct,  it  will 
be  better  to  acquiesce  in  it,  than  to  lose  the  opportunity  of  fixing 
an  arrangement,  in  other  respects  satisfactory,  taking  care  to  put 
the  recognition  into  a  form,  not  inconsistent  with  our  treaties  with 
Great  Britain,  or  with  an  explanatory  article,  that  may  not  im- 
probably be  desired  by  her.'^ '^  It  is  hoped  that  the  idea  of  a 

guaranty  of  the  country  reserved  to  France  may  not  be  brought 
into  the  negotiation.  Should  France  propose  such  a  stipulation,  it 
will  be  expedient  to  evade  it,  if  possible,  as  more  likely  to  be  a 
source  of  disagreeable  questions  between  the  parties  concerning 
the  actual  casus  foederis,  than  of  real  advantage  to  France.  There 
will  be  less  reason  in  the  demand  of  such  an  article,  us  the  United 
States  would  set  little  value  on  a  guaranty  of  any  part  of  their  ter- 
ritory, and  consequently  there  would  be  no  just  reciprocity  in  it. 
Should  France,  notwitlistanding  these  considerations,  make  a  guar- 
anty an  essential  point,  it  will  bn  belter  to  accede  to  it,  than  to 
abandon  the  object  of  the  negotiation,  mitigating  the  evil,  as  much 
as  possible,  by  requiring  for  the  casus  foederis  a  great  and  manifest 
danger,  threatened  to  the  territory  guarantied,  and  l)y  sulisiituting 
for  an  indcGnite  succour,  or  even  a  definite  succour,  in  military 
force  a  fixed  sum  of  money  payable  at  the  Treasury  of  the  United 
States." "  The  instructions,  thus  far  given,  suppose  that  France 


388 


CESSION   or   LOUISIANA. 


1 


may  be  willing  to  cede  to  the  United  States  the  whole  of  the 
Island  of  New  Orleans  and  both  the  Floridas.  As  she  may  be  in- 
clined to  dispose  of  a  part  or  parts,  and  of  such  only,  it  is  proper 
for  you  to  know,  that  the  Ficridas,  together,  are  estimated  at  one 
fourth  the  value  of  the  whole  Island  of  New  Orleans,  and  East 
Florida  at  half  that  of  West  Florida.  In  case  of  a  partial  cession, 
it  is  expected  that  the  regulations  of  every  other  kind,  so  far  as 
they  are  onerous  to  the  United  States,  will  be  more  favourably 
modified.'* 

No  one,  after  reading  these  instructions,  can  have  any 
doubt  of  the  extreme  desire,  felt  by  the  United  States,  to 
obtain  possession  of  some  portion  o^f  Louisiana.  The  stipu- 
lations, the  commissioners  were  allowed  to  yield  would,  if 
executed  on  the  part  of  France,  ha^ye  given  a  very  dififerent 
colour  to  this  business.  The  United  States  not  only  agreed 
to  enter  into  a  perpetual  guaranty  of  French  Louisiana,  but 
to  give  to  French  vessels,  in  all  the  territory  ceded  to  this 
co^niitry,  the  perpetual  exercise  of  all  the  privileges,  enjoyed 
by  American  vessels.  We  had  just  thrown  oif  one  contract 
of  guaranty,  an  evil  whose  extent  and  duration  it  was  not 
easy  to  calculate  ; — it  was  brought  about  at  a  cheap  rate 
and  in  a  very  expeditious  way,  and  every  one  seemed  to  re- 
joice at  it.  Fortunately  the  country  escaped  a  renewal  of 
this  mischievous  engagement,  attended  with  the  certain,  per- 
nicious consequence  of  plunging  us  into  the  politics  and  wars 
of  Europe.  A  guaranty  of  territory  produces,  at  once,  on 
the  menace  of  war  a  casus  foederis  ;  immediately  our  neu- 
trality and  ail  the  advantages  of  the  remote  situation  of  the 
country  vanish, — a  most  injurious  state  of  things,  not  only 
fatal  to  the  interest,  but  in  complete  mockery  of  the  loudly 
proclaimed  policy  of  this  nation.  A  war  of  this  sort  is  ac- 
companied with  the  worst  effects  for  any  people,  for  it 
neither  depends  upon  them,  either  when  war  or  peace  shall 
be  made.  But  the  guaranty  was  not  exacted. — Perhaps 
Napoleon  thought  it  of  little  consequence  from  the  way,  the 
United  States  had  already  fulfilled  one  stipulation  of  that 
sort.  The  situation,  in  which  he  was  placed,  obviously 
made  him  think  more  of  ready  money  than  any  distant  ad< 


fie  of  the 
nay  be  in- 
is  proper 
led  at  one 
,  and  East 
al  cession, 
,  so  far  as 
favourably 

have  any 

States,  to 

?he  stipu- 

would,  if 

^  different 

tly  agreed 

siana,  but 

ed  to  this 

},  enjoyed 

e  contract 

it  was  not 

:heap  rate 

tned  to  re- 

enewal  of 

rtain,  per- 

}  and  wars 

once,  on 

our  neu- 

on  of  the 

not  only 

be  loudly 

ort  is  ac- 

e,   for  it 

eace  shall 

—Perhaps 

way,  the 

u  of  that 

obviously 

istant  ad- 


CESSION   OT   LOITISIANA. 


889 


vantages  of  an  uncertain  pledge.  To  his  straitened  circum- 
stances we  are  indebted  for  a  convention,  that  added  the 
whole  Province  of  Louisiana  to  the  United  States.  The 
other  stipulation,  allowing  perpetual  commercial  privileges  to 
French  vessels  in  the  ports  of  the  ceded  territory,  would 
have  thrown  the  whole  French  trade  from  those  ports  for- 
ever into  French  hands,  have  disabled  the  United  States 
from  entering  into  a  commercial  treaty  with  any  other  na- 
tion on  mutual  and  equal  terms,  and  have  placed,  under  the 
provisions  of  the  Federal  constitution,  a  decree  of  excom- 
munication,— of  interdiction  and  proscription  upon  all  the  in- 
habitants of  the  territory.  The  reader  will  not  esteem 
these  disadvantages  of  a  slight  character,  or  easily  compen- 
sated for  by  any  equivalents,  a  foreign  nation  could  offer. 

In  touching  briefly  and  lightly  on  this  topic,  we  have  not 
been  impelled  by  the  least  disposition  to  throw  the  faintest 
shade  over  the  brilliancy  and  utility  of  the  project, — certain- 
ly none  over  the  success  and  ability  of  the  execution.  All 
America  now  bears  willing  testimony  to  the  wisdom  of  the 
scheme ;  but  in  reading  the  annals  of  our  diplomacy,  nothing 
has  impressed  itself  more  forcibly  and  constantly  on  our  mind 
than  the  stern  necessity  of  holding,  forever  separate  and  aloof, 
the  civil  and  political  concerns  and  institutions  of  this  peo- 
ple, and  those  of  every  other  state  whatever.  It  has  pleas- 
ed Heaven  to  grant  to  this  nation  a  peculiar  form  of  govern- 
ment ; — we  cannot  but  believe  for  good  purposes  ; — but  it 
was  never  made  for  alliances,  either  of  peace  or  war,  and 
whenever  it  shall  be  forced,  by  the  enterprize  of  rulers, 
however  patriotic,  the  ambition  of  conquests,  however  just 
and  necessary,  out  of  its  solitary,  and  independent  but  se- 
cure and  solid  channel,  traces  of  weakness  or  mutilation  will 
shortly  appear. 

Before  the  American  commissioners  had  an  opportunity  of 
feeling  the  pulse  of  the  French  minister,  a  very  great  change 
had  taken  place  in  the  views  of  his  government.  Secret 
causes,  (^and  in  diplomacy  we  are  more  apt  to  seek  for  deep, 
hidden  motives  of  conduct  than  to  rest  satisfied  with  those, 
that  lie  on  the  surface,  full  in   our  sight)  may  have  led  to 


390- 


CESSION    OF     LOUISIANA. 


this  alteration  of  state  policy,  but  for  all  purposes  of  history 
it  is  sufficient  to  advert  to  the  situation  of  Europe  at  that 
period.  The  truce  of  Amiens  had  then  lasted  about  ten 
months  ;  but  at  the  date  of  a  despatch,  we  are  about  to  quote 
from  Mr.  Livingston,  the  war,  declared  by  England  early  in 
May,  must  have  been  fully  foreseen. 

"April  li,  1803. — M.  Talleyrand  nsked  me  this  day,  when 
pressing  the  subject,  whether  we  wished  to  have  the  whole  of 
Louisiana.  1  told  him  no,  that  our  wishes  extended  only  to  New 
Orleans  and  the  Floridas,  that  the  policy  of  France,  however, 
should  dictate. — He  said,  that  if  they  gave  New  Orleans,  the  rest 
would  be  of  little  value,  and  that  he  would  wish  to  know,  ^what 
we  would  give  for  the  whole?  I  told  him  it  was  a  subject  1  had  not 
thought  upon,  but  I  supposed  we  should  not  object  to  twenty  mil- 
lions, provided  our  citizens  were  paid.  He  told  me  this  was  too 
low  an  offer — that  he  would  be  glad,  I  would  redact  upon  it  and 
tell  him  tc-morrow.  I  told  him  that,  as  Mr.  Monroe  would  be  in 
town  in  two  days,  1  would  delay  any  further  oder,  until  1  had  the 
pleasure  of  introducing  him." 

France  having  determined,  (or  in  more  just  language) 
having  no  alternative  but  to  sell,  we  have  in  another  letter 
of  the  minister,  dated  April  13,  the  day  after  the  first  con- 
versation with  Talleyrand,  a  full  account  of  the  mode  em- 
ployed to  intimate  this  intention  to  the  Aroerinan  com- 
mission. 

*'  By  my  letter  of  yesterday  you  learned  that  the  minister  had 
asked  me  on  the  lltb,  whether  I  would  agree  to  purchase  Louisia- 
na, &c.,  on  the  12lh  I  called  upon  him  to  press  this  matter  further, 
he  then  thought  proper  to  declare,  that  his  proposition  was  only 
personal ;  but  still  requested  me  to  make  an  offer,  and,  upon  my 
declining  to  do  so,  as  I  expected  Mr.  Monroe  the  next  day,  he 
shrugged  up  his  shoulders  and  changed  the  conversation  ;  not  will- 
ing, however,  to  lose  sight  of  it,  I  told  him,  I  had  been  long  en- 
deavouring to  bring  him  to  some  point,  but  unfortunately  without 
effect ;  that  I  wished  merely  to  have  the  negotiation  opened  by  any 
proposition  on  his  part,  and  with  that  view  had  written  him  a  note, 
which  contained  that  request,  grounded  upon  my  apprehension  of 
the  consequence  of  sending  out  General  Bernadotte  without  cna- 


f  history 

at  that 

}out  ten 

to  quote 

early  in 


»y» 


when 


whole  of 
1  to  New 
however, 
1,  the  rest 
>w,  ^what 
1  had  not 
renty  mil- 
s  was  too 
on  it  and 
uUI  be  in 
1  had  the 

anguage) 
ler  letter 
irst  con- 
ode  em- 
an   coin- 

ister  had 
Louisia- 
further, 
was  only 
upon  my 
day,  he 
not  will- 
long  en- 
without 
d  by  any 
m  a  note, 
cnsion  of 
lOut  cna- 


CESSION    or    LOUISIANA. 


391 


bling  him  to  say,  a  treaty  was  begun.  He  told  me,  he  woald  an* 
Rwer  my  note,  but  that  he  must  do  it  evasively,  because  Louisiana 
was  not  theirs.  1  smiled  at  this  assertion,  and  told  him,  that  i  had 
seen  the  treaty  recognising  it ;  that  I  knew  the  Consul  had  ap- 
pointed officers  to  govern  the  country,  and  that  he  had  himself  told 
me  that  General  Victor  was  to  take  possession  ;  that,  in  a  note  writ- 
ten by  the  express  order  of  the  First  Consul,  he  had  told  me  Gen- 
eral Bernadotte  was  to  treat  relative  to  it  in  the  United  States,  &c. 
He  still  persisted,  that  they  had  it  in  contemplation  to  obtain,  but 
had  it  not.  1  told  him,  I  was  very  well  pleased  to  understand  this 
from  him,  because,  if  so,  we  should  not  commit  ourselves  with 
ihem  in  taking  it  from  Spain,  to  whom  by  his  account  it  stilt  be- 
longed, and  that  as  we  had  just  cause  of  complaint  against  her,  if 
Mr.  Monroe  concurred  in  opinion  with  me,  we  should  negotiate  no 
further  on  the  subject,  but  advise  our  government  to  take  posses- 
sion ;  he  seemed  alarmed  at  the  boldness  of  the  measure,  and  told 
me  he  would  answer  my  note,  but  that  it  would  be  evasively.  I 
told  him  I  should  receive  with  pleasure  any  communication  from 
him,  but  that  we  were  not  disposed  to  triile  ;  that  the  times  were 
critical,  and  though  I  did  not  know  what  instructions  Mr.  Monroe 
might  bring,  I  was  perfectly  satisfied  that  they  would  require  a 
precise  and  prompt  notice  ;  that  I  was  very  fearful,  from  the  little 
progress  I  had  made,  that  my  goveriim(»nt  would  consider  me  a 
very  indolent  negotiator.  He  laughed  and  told  me,  that  he  would 
give  me  a  certiticate,  that  1  was  the  most  importunate  he  had  yet 
met  with.    >. ''-;.;«  Jr^ii  ■..r,^"/'  ..i^,;  h,    ■  ;    ■  :y  ■c\  -:■  ii.*-;j 

^*  There  was  something  so  extraordinary  in  all  this,  that  I  did 
not  detail  it  to  you,  till  I  found  some  clue  to  the  labyrinth,  wliich  I 
have,  as  you  will  tind,  before  I  finish  this  letter,  and  the  rather,  as 
I  was  almost  certain,  that  I  could  rely  upon  the  intelligence  i  had 
received  of  the  resolution  to  dispose  of  this  country.  This  day 
Mr.  Monroe  passed  with  me  in  examining  my  papers,  &c.  While 
he  and  several  other  gentlemen  were  at  dinner  with  me,  I  observ- 
ed the  Minister  of  the  Treasury,  walking  in  my  garden.  I  sent 
out  Colonel  Livingston  to  him  ;  he  told  him  he  would  return, 
when  we  had  dined.  While  we  were  taking  coffee,  he  came  in, 
and  after  being  some  time  in  the  room,  we  strolled  into  the  next 
room,  when  he  told  me,  he  heard  that  1  had  been  at  his  house  two 
days  before,  when  he  was  at  St.  Cloud ;  that  he  thought  1  might 


393 


CESSION  OF   LOUISIANA. 


I' 


have  something  particular  to  say  to  him,  and  had  taken  the  first 
opportunity  to  call  on  me.  I  saw  that  this  was  meant  as  an  open- 
ing to  one  of  those  free  conversations,  which  I  had  frequently  had 
with  him.  I  accordingly  began  on  the  subject  of  the  debt,  and  re- 
lated to  him  the  extraordinary  conduct  of  the  minister,  &c.  He 
told  me,  that  this  led  to  something  important,  that  had  been  curso- 
rily mentioned  to  him  at  St.  Cloud,  but  as  my  house  was  full  of 
company,  he  thought  I  had  better  call  upon  him  any  time  before 
eleven  that  night.  He  went  away,  and  a  little  after,  when  Mr. 
Monroe  took  leave,  I  followed  him,  he  told  me  he  wished  me  to 
repeat,  what  I  had  said  relative  to  M.  Talleyrand^s  requesting  a 
proposition  from  me,  as  to  the  purchase  of  Louisiana.  I  did  so, 
and  concluded  with  the  extreme  absurdity  of  his  evasions  of  that 
day,  and  stated  the  consequence  of  any  delay  on  this  subject,  as  it 
would  enable  Britain  to  take  possession,  who  would  readily  relin- 
quish it  to  us.  He  said  that  this  proceeded  upon  a  supposition  of 
her  making  so  successful  a  war,  as  to  be  enabled  to  retain  her  con- 
quests. I  told  him,  that  it  was  probable,  that  the  same  idea  might 
suggest  itself  to  the  United  States,  in  which  case,  it  would  be  their 
interest  to  contribute  to  render  her  successful,  and  I  asked  whether 
it  was  prudent  to  throw  us  into  her  scale  ?  This  led  to  long  discus- 
sions of  no  moment  to  repeat ;  we  returned  to  the  point ;  he  said 
(hat,  what  I  had  told  him,  led  him  to  think,  that  what  the  Consul 
had  said  to  him  on  Sunday  at  St.  Cloud  (the  day  on  which,  as  I  told 
you,  the  determination  had  been  taken  to  sell)  had  more  of  earnest 
than  he  thought  at  the  time ;  that  the  Consul  had  asked  him  what 
news  from  England?  as  he  knew  he  read  the  papers  attentively: 
he  told  him  that  he  had  seen  in  the  London  papers  the  proposition 
for  raising  50,00U  men  to  take  New  Orleans;  the  Consul  said,  he 
had  seen  it  too,  and  had  also  seen,  that  something  was  said  about 
2,000,000  of  dollars  being  to  be  disposed  of  among  the  people 
about  him  to  bribe  them,  &c.  and  then  left  him ;  that  aAerwards, 
when  walking  in  the  garden,  the  Consul  came  again  to  him,  and 
spoke  to  him  about  the  troubles,  that  were  excited  in  America, 
and  enquired  how  far  I  was  satisfied  with  this  last  note."  '^  He 
(Marbois)  then  took  occasion  to  mention  his  sorrow  that  any  cause 
of  difference  should  exist  between  our  countries.  The  Consul  told 
him  in  reply,  '  Well,  you  have  the  charge  of  the  treasury,  let 
them  give  you  one  hundred  millions,  and  pay  their  own  claims  and 


CESSION    or   LOUISIANA; 


893 


the  first 
an  open- 
iiitly  had 
:,  and  re- 
&c.    He 
en  curso- 
as  full  of 
le  before 
^•hen  Mr. 
led  me  to 
guesting  a 
I  did  so, 
3  of  that 
ject,  as  it 
dily  relin- 
tosition  of 
3  her  con- 
dea  might 
il  be  their 
d  whether 
ing  discus- 
t ;  he  said 
he  Consul 
I,  as  I  told 
of  earnest 
him  what 
Itentively : 
roposition 
il  said,  he' 
aid  about 
,e  people 
erwards, 
him,  and 
America, 
."    "  He 
|any  cause 
jonsul told 
isury,  let 
[laims  and 


take  the  whole  country.'  Seeing  by  my  looks,  that  I  was  sur- 
prised at  so  extravagant  a  demand,  he  added  that  he  considered 
the  demand  as  exorbitant,  and  had  told  the  First  Consul  that  the 
thing  was  impossible  ;  that  we  had  not  the  means  of  raising  that. 
The  Consul  told  him,  we  might  borrow  it.  I  now  plainly  saw  the 
whole  business — first  the  Consul  was  disposed  to  sell ;  next  he  dis- 
trusted Talleyrand  on  account  of  the  business  of  the  supposed  in- 
tention to  bribe,  and  meant  to  put  the  negotiation  into  the  hands  of 
Marbois,  whose  character  for  integrity  is  established.  I  told  him 
that  the  United  States  were  anxious  to  preserve  peace  with  France, 
that  for  that  reason  they  wished  to  remove  them  to  the  west  side 
of  the  Mississippi,  that  we  would  be  perfectly  satislied  with  New 
Orleans  and  the  Floridas,  and  had  no  disposition  to  extend  across 
the  river,  that  of  course  we  would  not  give  any  great  sum  for  the 
purchase,  that  he  was  right  in  his  idea  of  the  extreme  exorbitancy 
of  the  demand,  which  would  not  fall  short  of  one  hundred  and 
twenty-five  millions,  that,  however,  wc  would  be  ready  to  pur- 
chase, provided  the  sum  was  reduced  to  reasonable  limits  ;  he  then 
pressed  me  to  name  the  sum.  I  told  him  that  this  was  not  worth 
tvhile,  because  as  he  only  treated  the  enquiry  as  a  matter  of  curi- 
osity, any  declarations  of  mine  would  have  no  effect.  If  a  negotia- 
tion was  to  be  opened,  we  should,  iVIr.  Monroe  and  myself,  make 
the  offer  after  mature  reflection.  This  compelled  him  to  declare, 
that  though  he  was  not  authorized  expressly  to  make  the  enquiry 
from  me,  yet,  that,  if  1  would  mention  any  sum,  that  came  near  the 
mark,  that  could  be  accepted,  he  would  communicate  it  to  the  First 
Consul.  I  told  him  we  had  no  sort  of  authoi  :y  to  go  to  a  sum, 
that  bore  any  proportion  to  what  he  mentioned,  at  that  as  he,  him- 
self, considered  the  demand  as  too  high,  he  would  oblige  me  by 
telling  me,  what  he  thought  would  be  reasonable ;  he  replied,  that 
if  I  would  name  sixty  millions,  and  take  upon  us  the  vVmerican 
claims  to  the  amount  of  twenty  more,  he  would  try  how  far  it 
would  be  accepted.  I  told  him  that  it  was  in  vain  to  ask  any  thing, 
that  was  so  greatly  beyond  our  means  ;  that  true  policy  would  dic- 
tate to  the  First  Consul  not  to  press  such  a  demand  ;  that  Ve  must 
know,  that  it  would  render  the  present  government  unpopular, 
and  have  a  tendency,  at  the  next  election,  to  throw  the  power  into 
the  hands  of  men,  who  were  most  hostile  to  a  connexion  with 
France,  and  that  this  would  probably  happen  in  the  midstof  a  war. 
VOL.  I.  50 


394 


CESSION   or   LOUISIANA. 


■i! 


.-1 


I  asked  him,  wh«>ther  the  few  millions  acquired  at  this  expense 
^vould  not  he  too  dearljr  bought?  He  frankly  confessed,  that  he 
was  of  my  sentiments,  but  that  he  feared  the  Consul  would  not  re> 
lax.  I  asked  him  to  press  this  argument  upon  him,  together  with 
the  danger  of  seeing  the  country  pass  into  the  hands  of  Britain.  I 
told  him  that  he  had  seen  the  ardour  of  the  Americans  to  take  it 
by  force,  and  the  difficulty,  with  which  they  were  restrained  by  the 
prudence  of  the  President — that  he  must  easily  see  how  much  the 
hands  of  the  war  party  would  be  strengthened,  when  they  learned 
that  France  was  upon  the  eve  of  a  rupture  with  England ;  he  ad- 
mitted  the  weight  of  all  this,  ^  but,'  says  he,  '  you  know  the  tem- 
per  of  a  youthful  conqueror;  every  thing  he  does  is  as  rapid  as 
lightning  ;  we  have  only  to  speak  to  him,  as  opportunity  presents 
itself,  perhaps  in  a  crowd,  when  he  bears  no  contnidiction.  When 
I  am  alone  with  him,  I  can  speak  more  freely,  and  he  attends  ;  but 
this  opportunity  seldom  happens,  and  is  always  accidental ;  try 
then,  if  you  cannot  come  up  to  my  mark,  consider  the  extent  of 
the  country,  the  exclusive  navigation  of  the  river,  and  the  import- 
ance of  having  no  neighbour  to  dispute  you — no  war  to  dread.'  1 
told  him  that  I  bad  considered  all  these  as  important  considera- 
tions, but,  there  was  a  point  beyond  which  we  could  not  go,  and 
that  fell  far  short  of  the  sum  he  mentioned." 

The  same  intimation  was,  also,  addressed  to  Mr.  Monroe 
on  the  day  after  his  arrival,  through  another  channel,  and  in 
an  indirect  manner.  In  another  letter  of  April  17,  1803, 
are  the  following  remarks  : 

"  But,  upon  waiting  upon  the  minister,  we  found  M.  Marbois 
there,  who  told  me  that  he  had  come  to  communicate  to  the  minis- 
ter what  had  passed  between  us,  and  that  he  greatly  regretted  the 
not  being  able  to  bring  us  to  such  nn  offer  as  he  might  mention  to 
the  First  Consul.  We  were  very  graciously  received  by  the  minis- 
ter, whom  I  pressed  to  obtain,  as  early  a  day  as  possible,  for  the 
reception  of  Mr.  Monroe,  as  time  pressed,  and  we  were  anxious  to 
conclude  our  business,  for  reasons  arising  out  of  the  present  dis- 
turbed state  of  America — he  told  me,  he  would  speak  to  the  First 
Consul  that  night  on  the  subject,  and  that  he  hoped  some  person 
would  be  appointed  to  treat  with  us,,  ntn  before  Mr.  Monroe  was 
presented.    After  a  little  general  conversation,  we  took  lei^ve  in 


CESSION    OF    LOmSTANA. 


395 


I  expense 
that  he 
Id  not  re- 
Iher  with 
Iritain.     I 
to  take  it 
led  by  the 
much  the 
y  learned 
d ;  he  ad- 
r  the  tem- 
a  rapid  as 
y  presents 
n.    When 
ends  ;  but 
2ntal;  try 
!  extent  of 
he  import- 
drcnd.'     1 
considera- 
ot  go,  and 

'.  Monroe 

el,  and  in 

7,  1803, 

.  Marbois 
the  minis- 
fretted  the 
ncntion  to 
the  minis- 
e,  for  the 
anxious  to 
resent  dis- 
the  First 
me  person 
onroe  was 
k  leuve  in 


expectation,  that  Mr.  Monroe  wouhl  be  presented  this  day,  (Sun- 
day) being  a  day  of  reception  for  the  civil  officers  of  the  govern- 
ment. The  next  day  Mr.  Monroe  and  myself,  after  spending  some 
time  in  consultation,  determined  to  offer  50  millions,  including  our 
debts,  but  presumed  it  would  be  best  only  to  mention  40  in  the  first 
instance  ;  this  I  accordingly  did.  In  a  conference  1  had  the  15th 
with  M.  Marbois,  he  expressed  great  sorrow,  that  we  could  not  go 
beyond  that  sum,  because  he  was  sure  that  it  would  not  be  accept- 
ed, and  that,  perhaps,  the  whole  business  would  be  defeated; 
which  he  the  more  feared,  as  he  had  just  received  a  note  from  the 
minister,  indicative  of  the  ConsuPs  not  being  quite  pleased,  that  he 
had  so  greatly  lowered  his  original  proposition.  He  said  that  he 
saw  our  situation,  and  he  knew  there  was  a  point  beyond  which  we 
could  not  go  with  safety  to  ourselves  or  the  President ;  but  he 
wished  us  to  advance  to  that  point.  He  said  that  he  would,  if  I 
wished,  go  that  very  day  to  St.  Cloud,  and  let  me  know  the  result. 
I  reminded  him  of  the  Consults  promise  to  pay  the  debt.  I  placed 
in  a  stronger  light  his  personal  obligation  on  this  subject,  and  de- 
sired him  to  urge  it  as  an  additional  reason  to  conclude  an  agree- 
ment, which  would  facilitate  the  means  of  doing  it.  The  next 
morning,  which  was  yesterday,  1  again  called  to  see  him,  he  told 
me  that  he  had  been  to  St.  Cloud — that  the  Consul  received  his 
proposition  very  coldly,  and  that  I  might  consider  the  business  no 
longer  in  his  hands,  since  he  had  given  him  no  further  powers — 
that  he  had  urged  the  ConsuPs  promise,  relative  to  the  debt, 
which  he  admitted,  but  said,  at  the  same  time,  he  did  not  think  it 
had  exceeded  three  millions,  though  my  letter  expressly  mention- 
ed twenty.  He  expressed  great  sorrow  upon  the  occasion,  and  ad- 
vised me  to  press  M.  Talleyrand  to  present  Mr.  Monroe  the  next 
day,  (that  is  this  day)  that  he  hoped,  that  if  the  Consul  saw  me,  as 
he  had  a  very  particular  esteem  for  me,  that  he  would  renew  the 
subject  with  me  himself.^' 

The  objects  of  the  French  government  being  fully  and 
speedily  ascertained,  only  two  points  of  doubt  could  arise  in 
the  minds  of  those,  employed  in  the  negotiation  by  the  Unit- 
ed States,  viz.  whether  it  was  desirable  to  secure  the  whole 
of  Louisiana,  and  what  price  should  be  given  for  it.  Neither 
of  these  difficulties  were  touched  upon  in  their  instructions. 


396 


CESSION     OF     LOUISIANA. 


Iftir 


But  novel  and  unprovided  for  as  they  were,  they  do  not  seem 
to  have  caused  much  delay  or  hesitation.  The  last  letter, 
from  which  we  have  made  an  extract,  is  dated  the  middle  of 
April,  and  on  the  30th  of  the  same  month  the  convention, 
by  which  the  transfer  was  effected,  was  concluded.  To  M. 
de  Marbois,  already  mentioned  in  this  chapter,  at  that  time 
minister  of  the  treasury,  and  formerly  known  as  a  charge  in 
this  country,  was  committed  the  negotiation  on  the  part  of 
France.  In  closing  the  account  of  this  business,  we  have 
but  one  more  extract  to  present  to  the  notice  of  the  reader. 
It  is  from  a  letter  of  May  13,  1803,  of  the  commissioners, 
communicating  intelligence  of  the  signing  of  the  convention. 

"We  found,  however,  as  we  advanced  in  the  negotiation,  that 
M.  Marbois  was  absolutely  restricted  to  the  disposition  of  the  whole, 
that  he  would  treat  for  no  less  portion,  and,  of  course,  that  it  was 
useless  to  urge  it.  On  mature  consideration,  therefore,  we  flnally 
concluded  a  treaty  on  the  best  terms  wc  could  obtain  for  the  whole. 

"  By  this  measure  we  have  sought  to  carry  into  effect,  to  the 
utmost  of  our  power,  the  wise  and  benevolent  policy  of  our  govern- 
ment, on  the  principles  laid  down  in  our  instructions.  The  posses- 
sion of  the  left  bank  of  the  river,  had  it  been  attainable  alone, 
would,  it  is  true,  have  accomplished  much  in  that  respect;  but  it  is 
equally  true,  that  it  would  have  left  much  still  to  accomplish.  By 
it  our  people  would  have  had  an  outlet  to  the  ocean,  in  which  no 
power  would  have  a  right  to  disturb  them  ;  hut  while  the  other 
bank  remained  in  the  possession  of  a  foreign  power,  circumstances 
might  occur  to  make  the  neighbourhood  of  such  power  highly  in- 
jurious to  us  in  many  of  our  most  important  concerns.  A  divided 
jurisdiction  over  the  river  might  beget  jealousies,  discontents  and 
dissensions,  which  the  wisest  policy  on  our  part  could  not  prevent 
or  control.  With  a  train  of  colonial  governments  established  along 
the  western  bank,  from  the  entrance  of  the  river  far  into  the  inte- 
rior, under  the  command  of  military  men,  it  would  he  difficult  to 
preserve  that  state  of  things,  which  would  be  necessary  to  the 
peace  and  tranquillity  of  our  country.  A  single  act  of  a  capricious, 
unfriendly  or  unprincipled  subaltern,  might  wound  our  best  inter- 
ests, violate  our  most  unquestionable  rights,  and  involve  us  in  war. 
But  by  this  acquisition,  which  comprises  within  our  limits,  this  great 
river  and  all  the  streams,  that  empty  into  it  from  their  sources  to 


\l 


not  seem 
St  letter, 
middle  of 
nvention, 
To  M. 
that  time 
charge  in 
c  part  of 
we  have 
le  reader, 
lissioners, 
invention. 

intioOf  that 
the  whole, 
hat  it  was 
,  we  finally 
the  whole, 
jct,  to  the 
)urgovern- 
rhe  posses- 
ahle  alone, 
pt;  but  it  is 
iplish.     By 
which  no 
the  other 
cumstances 
highly  in- 
A  divided 
mtents  and 
ot  prevent 
ished  along 
to  the  inle- 
difficult  to 
iry  to  the 
capricious, 
best  inter- 
US  in  w&r. 
;,  this  great 
sources  to 


CESSION    or    LOUISIANA. 


897 


the  ocean,  the  apprehension  of  these  disasters  is  banished  for  ages 
from  the  United  States.  We  adjust  by  it  the  only  remaining  known 
caase  of  variance  with  this  very  powerful  nation  :  we  anticipate 
the  discontent  of  the  great  rival  of  France,  who  would  probably 
have  been  wounded  at  any  stipulation  of  a  permanent  nature,  which 
favoured  the  latter,  and  which  it  would  have  been  difficult  to  avoid, 
had  she  retained  the  right  bank.  We  cease  to  have  a  motive  of 
urgency,  at  least,  for  inclining  to  one  power  to  avert  the  unjust 
pressure  of  another.  We  separate  ourselves  in  a  great  measure 
from  the  European  world  and  its  concerns,  especially  its  wars,  and 
intrigues ;  we  make,  in  fine,  a  great  stride  to  real  and  substantial 
independence,  the  good  effect  whereof  will,  we  trust,  be  felt  es- 
sentially and  extensively  in  all  our  foreign  and  domestic  relations. 
Without  exciting  the  apprehensions  of  any  power,  we  take  a  more 
imposing  attitude  with  respect  to  all.  The  bond  of  our  union  will 
be  strengthened,  and  its  movements  become  more  harmonious  by 
the  increased  parity  of  interest,  which  it  will  communicate  to  the 
several  parts,  which  compose  it. 

"  In  deliberating  on  this  subject  in  a  financial  view,  we  were 
'strongly  impressed  with  the  idea,  that  while  we  had  only  a  right 
of  deposite,  or,  indeed,  while  the  right  bank  remained  in  the  pos- 
session of  a  foreign  power,  it  was  always  to  be  expected,  that  we 
should,  at  some  time  or  other,  be  involved  in  war  on  questions, 
resulting  from  that  cause.  We  were  well  satisfied,  that  any  war 
would  cost  us  more  than  hereby  is  stipulated  to  be  given  for  this 
territory  ;  that  none  could  produce  a  more  favourable  result,  while 
it  might,  especially  in  the  present  disturbed  state  of  the  world, 
prove  the  ruin  of  our  affairs. 

"  There  were  other  considerations  which,  though  of  minor  im- 
portance, had  nevertheless  their  due  weight  in  our  decision  on  this 
great  question.  If  France,  or  any  other  power  holding  the  right 
bank  of  the  river,  imposed  lighter  duties  than  comport  with  the 
revenue  system  of  the  United  States,  supposing  even  that  we  had 
acquired  the  left  bank,  all  the  supplies  destined  for  our  extensive 
and  populous  settlements  on  the  other  side,  would  be  smuggled  in 
through  that  channel,  and  our  revenue,  thereby,  considerably  di- 
minished. Should  such  power  open  offices  for  the  sale  of  lands  on 
the  western  bank,  our  population  might  be  drained  to  the  advan- 
tage of  that  power,  the  price  of  our  lands  be  diminished,  and  their 


898 


CKSSION    or    LOUISIANA. 


mle  prevented.    Bat  by  the  possession  of  both  banks,  these  evils 
are  averted." 

*'  Louisiana  tvas  acquired  of  Spain  by  France  in  exchange  for 
Tuscany,  which  latter  is  settled  by  treaty  on  the  son  in  law  of  the 
king  of  Spain,  with  the  title  of  king  of  Etruria,  and  was  estimated 
in  the  exchange,  in  consideration  of  its  revenue,  at  100,000,000 
francs.  The  First  Consul  thought  he  had  made  an  advantiigeous 
bargain  in  that  exchange,  as  appears  by  the  high  idea,  which  he 
entertained  of  its  value,  as  shown  on  many  occasions.  Louisiana 
was  the  territory,  which  he  promised  in  his  proclamation  at  the 
peace  as  an  asylum  to  those,  who  had  become  unfortunate  by  the 
revolution,  and  which  he  spoke  of  as  vast  and  fertile.  When  he 
made  up  his  mind  to  offer  the  cession  of  it  to  the  United  States,  it 
was  contemplated  to  ask  for  it  100,000,000  exclusive  of  the  debts, 
they  owed  to  our  citizens,  which  they  proposed,  we  should  also 
pay,  with  a  perpetual  exemption  fro.n  foreign  duties  on  the 
manufactures,  productions  and  vessels  of  France  and  Spain  in  the 
ports  of  the  ceded  territory.  From  that  demand,  however,  in  re- 
spect to  the  sum,  he  receded  under  the  deliberation  of  his  own 
cabinet ;  for  the  first  proposition,  which  M.  Marbois  made  to  us 
was,  that  we  should  pay  80  millions.  Sixty  of  which  in  cash,  the 
balance  to  our  citizens,  the  whole  in  one  year  in  Paris,  with  a  per- 
petual exemption  from  foreio^n  duties  as  above.  The  modification 
in  the  mode  of  payment,  i^y.A  is  by  stock,  for  from  the  quantum  he 
never  would  depart.,  and  the  limitation  of  the  term  of  the  duties  to 
twelve  years,  with  the  proviso  annexed  to  it,  which  was  introduc- 
ed into  the  treaty,  with  every  other  change  from  this  project,  was 
the  effect  of  the  negotiation  and  accommodation,  in  which  we  ex- 
perienced on  his  part  and  that  of  his  government,  a  promptitude 
and  candour,  which  were  highly  grateful  to  us."  .        ,.  'v*-* 

The  cession  of  Louisiana  removed  an  active  and  danger- 
ous neighbour,  together  with  a  fruitful  source  of  trouble  and 
war ; — secured  the  geographical  position  of  the  United  States, 
and  left  no  part  of  the  country  without  an  ample  outlet  for 
its  products.  America  became  master  of  the  mouth  of  the 
Mississippi,  and  thus  established  the  safety  of  the  commerce 
of  the  territory,  west  of  the  Alleghanies  and  of  the  great 
rivers  of  the  interior.     An  European  writer  on   diplomacy 


m 


CE89I0N    or    hOVtBlKSA. 


300 


beie  ctIIs 

ihangfe  for 

aw  of  the 

eslimated 

0,000,000 

antugeous 

which  he 

Louisiana 

on  at  the 

te  by  the 

When  he 

States,  it 

the  debts, 

lould  also 

!S  on   the 

nin  in  the 

i^er,  in  re- 

f  his  own 

ade  to  us 

cash,  the 

trilh  a  per' 

bdification 

antutn  he 

duties  to 

introduc- 

oject,  was 

1  we  ex- 

tmplitude 

danger- 
uble  and 
d  Staies, 
utlet  for 
of  the 
immerce 

16  great 
plomacy 


makes  the  following'  remark  on  this  convention :— <*  The 
news  of  the  transfer  of  Louisiana  was  like  a  thunder  stroke 
for  the  cabinet  of  Madrid,  who  then  perceived  the  enormous 
fault  it  had  committed  in  sacrificing  the  safety  of  Mexico. 
Florida,  enclosed  on  both  sides  by  the  United  States,  was 
separated  in  the  middle  from  the  Spanish  dominions,  and 
would  fall  on  the  first  occasion  into  the  hands  o.T  its  neigh- 
bours."* 

The  convention,  by  which  this  cession  was  made,  was 
negotiated  April  30,  1803,  at  Paris,  as  we  have  already 
stated,  by  Robert  R.  Livingston  and  James  Monroe  on  the 
part  of  the  United  States,  and  Barb6  Marbois,  on  the  part  of 
France.  Three  conventions  were  signed  the  same  day  ;  the 
first  to  effect  the  cession,  the  second  to  regulate  the  price, 
and  the  third  to  secure  the  assumption  by  the  United  States 
of  the  debts  due  by  the  French  government  for  illegal  cap- 
tures and  condemnations.!     The  ratifications  were  exchanged 

*  This  observation  was  made  in  1804.  Tho  whole  prediction  is 
now  accomplished. 

t  Convention  1. — "  Art.  1.  Whereas,  by  article  the  third  of  tho 
treaty  concluded  at  St.  Ihlcfonso,  theOtli  Vundciniaire,  nn  0,  (1st  Octo- 
ber, 1800)  between  the  First  Consul  of  the  French  republic  and  his 
Catholic  Majesty,  it  was  agreed  as  follows  : — '  His  Catholic  Majesty 
promises  and  engages  on  his  part,  to  retrocede  to  the  French  republic, 
six  months  after  the  full  and  entire  execution  of  the  conditions  and 
stipulations  herein  relative  to  his  royal  highness  the  duke  of  Parma, 
the  colony  or  province  of  Louisiana,  with  the  same  extent  that  it  now 
has  in  the  hands  of  Spain,  and  that  it  had  when  France  possessed  it ; 
and  such  as  it  should  be  after  the  trcotics  subsequently  entered  into 
between  Spain  and  other  states.'  And  whereas,  in  pursuance  of  tho 
treaty,  and  particularly  of  the  third  article,  the  French  republic  has  an 
incontestable  title  to  the  domain  and  to  the  possession  of  the  said  ter- 
ritory :  The  First  Consul  of  the  French  rei)ublic  desiring  to  give  to 
the  United  States  a  strong  proof  of  his  friendship,  doth  hereby  cede 
to  the  said  United  States,  in  the  name  of  the  French  icpublic,  forever 
and  in  full  sovereignty,  the  said  territory,  with  all  its  rights  and  appur- 
tenances, as  fully  and  in  the  same  manner  as  they  have  been  acquired 
by  the  French  republic  in  virtue  of  the  above  mentioned  treaty,  con- 
cluded with  bis  Catholic  Majesty. 

"  Art.  2.  In  the  cession  made  by  the  preceding  article  are  included 


400 


CK88ION    or     LOUISIANA. 


!M 


in  October  1S03,  and  the  surrender  of  the  province  was 
made  in  the  usual  form,  on  the  20lh  of  December  in  the 
same  year,  to  the  American  commissioners,  William  C.  C. 

the  adjnccnt  islands  belonging  to  Louisinno,  oil  public  lots  and  squares, 
vacant  landu,  and  all  public  buildings,  fortifications,  barracks,  and  other 
edifices,  which  are  not  private  property.  The  archives,  papers,  and 
documents  relative  to  the  domain  and  sovereignty  of  Louisiana,  and 
its  dependencies,  will  be  lci\  in  the  possession  of  the  commissaries  of 
the  United  States,  and  copies  will  be  afterwards  given  in  due  form  to 
the  magistrates  and  municipol  officers,  of  such  of  the  said  papers  and 
documents  as  may  be  necessary  to  them. 

"  Art.  3.  The  inhabitants  of  the  ceded  territory  shall  be  incorpo- 
rated in  the  union  of  the  United  States,  and  admitted  as  soon  as  pos- 
sible, according  to  the  principles  of  the  federal  constitution,  to  the 
enjoyment  of  all  the  rights,  advantages  and  immunities  of  citizens  of 
the  United  States ;  and  in  the  mean  time  they  shall  be  maintained  and 
protected  in  the  free  enjoyment  of  their  liberty,  property,  and  the 
religion  which  they  profess. 

"  Art.  4.  A  commissory  to  be  sent  from  France  to  receive  the  jiro- 
Tince  of  Louisiana  from  the  Spanish  officers,  and  to  pass  it  over  to  the 
United  States. 

^*  Art.  G.  The  United  States  to  execute  tlie  treaties  of  Spain  with 
the  Indians,  &c. 

"Art.  7.  As  it  is  reciprocally  advantogeous  to  the  commerce  of 
France  and  the  United  States  to  encourage  the  communication  of  both 
nations  for  a  limited  time  in  the  country  ceded  by  the  present  treaty, 
nntil  general  arrangements  relative  to  the  commerce  of  both  nations 
may  be  agreed  on  ;  it  has  been  agreed  between  the  contracting  par- 
ties, that  the  French  ships  coming  directly  from  France  or  any  of  her 
colonies,  loaded  only  with  the  produce  or  manufactures  of  France  or 
her  said  colonies;  and  the  ships  of  Spain  coming  directly  from  Spain 
or  any  of  her  colonies,  loaded  only  with  the  produce  or  manufactures 
of  Spain  or  her  colonies,  shall  be  admitted  during  the  space  of  twelve 
years  in  the  ports  of  New  Orleans,  and  in  nil  other  legal  ports  of  en- 
try within  the  ceded  territory,  in  the  same  manner  as  the  ships  of  the 
United  States  coming  directly  from  France  or  Spain,  or  any  of  their 
colonies,  without  being  subject  to  any  other  or  greater  duty  on  mer- 
chandise, or  other  or  greater  tonnage  than  those  paid  by  the  citizens 
of  the  United  States. 

"  During  the  space  of  time  above  mentioned,  no  other  nation  shall 
have  aright  to  the  same  privileges  in  the  ports  of  the  ceded  territory : 


CESSION   or    LOUISIANA. 


401 


ice  was 
r  in  the 
Q  C.  C. 

iquares, 
tnd  other 
|)cr8,  and 
inno,  and 
ssaries  of 
J  form  to 
ipors  and 

incorpo- 
n  OB  pos- 
n,  to  the 
itizens  of 
!iined  and 

ond  the 


Claiborne  and  James  Wilkinson.  The  province  being  erect- 
ed, by  an  act  of  Congress,  into  a  territorial  government, 
William  C.  C.  Claiborne  was  appointed  by  the  President  the 

the  twelve  years  shall  commcnRo  throe  months  af\er  the  exchanf^e  of 
ratifications,  if  it  shall  take  place  in  France,  or  throe  months  oAer  it 
fihall  have  been  notified  at  Paris  to  the  French  government,  if  it  hIiiiII 
take  place  in  the  United  States  ;  it  is,  however,  well  understood,  that 
the  object  of  the  above  article  is  to  favour  the  mannfarturef,  com- 
merce, freight  ond  navigation  of  France  and  of  Spain,  so  far  as  re- 
lates to  the  importations  that  the  French  and  Spanish  shall  mnke  into 
the  said  ports  of  the  United  States,  without  in  uiiy  sort  affecting  the 
regulations  that  the  United  States  may  make  con'  t  .ling  the  exporta« 
tion  of  the  produce  and  mcrcliandise  of  the  United  States,  or  any  right 
they  may  have  to  make  such  regulations. 

"  Art.  8.  In  future  and  for  ever  oftor  the  expiration  of  the  twelve 
years,  the  ships  of  France  shall  bo  treated  upon  the  footing  of  tho 
most  favoured  nations  in  the  ports  above  mentioned." 


3  the  pro- 
vcr  to  the 

tain  with 

imerce  of 

m  of  both 

nt  treaty, 

nations 

ng  par- 

y  of  her 

ancc  or 

m  Spain 

facturcs 

f  twelve 

ts  of  en- 

)s  of  the 

of  their 

on  mer- 

citizens 

ion  shall 
erritory : 


Convention  2. — "Art.  1.  The  povernnient  of  the  United  States  en- 
gages to  pay  to  the  French  government,  in  the  niunner  specified  in 
the  following  article,  tlie  sum  of  sixty  millions  of  francs,  independent 
of  the  sum  \>hich  shall  be  fixed  by  miothcr  convention  for  the  pay- 
ment of  theiiebts  due  by  Franco  to  citizens  of  the  United  States. 

"  Art.  2.  For  the  payment  of  the  sum  of  sixty  milliuns  of  francs, 
mentionetl  in  the  preceding  article,  the  United  States  sjinll  create  a 
stock  of  eleven  millions  two  hundred  and  fifty  thousand  dollars,  bear- 
ing an  interest  of  six  per  cent.  j)cr  annum,  payable  half  yearly  in  Lon- 
don, Amsterdam,  or  Paris,  amounting  by  the  half  year,  to  throe  Inui- 
dred  and  thirty-seven  thousand  five  Imndred  dollars,  according  to  the 
proportions  which  shall  be  determined  by  the  French  government  to 
be  paid  at  either  place  :  tho  principal  of  the  said  stock  to  be  reimburs- 
ed at  the  treasury  of  the  United  States,  in  annual  payments  of  not  less 
than  three  millions  of  tlollars  each;  of  which  the  fn-st  payment  shall 
commence  fifteen  years  after  the  date  of  the  exchange  of  ratifica- 
tions: this  stock  shall  be  transferred  to  tlic  government  of  France, 
or  to  such  person  or  persons  as  shall  be  authorized  to  receive  it,  in 
three  months  at  most  after  the  exchange  of  the  ratifications  of  this 
treaty,  and  after  Louisiana  shall  be  taken  possession  of  in  the  name 
of  the  govcrimient  of  the  United  States. 
VOL.    I.  51 


403 


CESSION   OF    LOUISIANA. 


Governor  and  Intendant  General, 
admitted  into  the  Union."*' 


In  1811,  Louisiana  was 


"  Art.  3.  It  is  agreed  that  tlie  dollar  of  the  United  States,  specified 
in  the  present  convention,  shall  be  fixed  at  five  francs  ^YtiV^'  ^^  ^^* 
livres  eight  sous  tournois. 

Convention  3. — "Art.  1.  The  debts  due  by  France  to  citizens  of 
the  United  States,  contracted  before  the  8th  of  Vendemiaire,  ninth 

*  We  have  found  in  a  "  Collection  of  Reports  on  Navigation  and 
Trade,"  (London  1807)  a  letter  of  a  British  officer,  written  in  '94  con* 
cerning  Louisiana.  As  it  illustrates  the  importance  of  this  province, 
(with  which  the  English  appear  to  have  been  well  acquainted)  w« 
shall  make  a  few  extracts.  ,    -. 

"  A  Letter  from  an  Officer  of  Rank  in  the  Army,  to  one  of  hxa  Majesty* a 
Ministers  of  State  respecting  Ijouisiana. 

«  C Street,  May  21, 1794. 

"  What  I  alhide  to,  sir,  is  this ;  that  on  a  peace  and  general  arrange- 
ment of  the  present  extensive  troubles,  the  cession  of  the  island  of  New 
Orleans,  with  all,  or  n  part  of,  West  Florida,  and  as  much  of  the  ter- 
ritory bordering  on  the  Mississippi  as  should  be  judged  necessary, 
might  be  obtained  by  this  country  from  the  court  of  Spain  ;  in  which 
event  the  above  mentioned  advantages  would  consequently  follow. 

"  In  the  present  state  of  that  country,  all  the  West  India  islands 
could  be  plentifully  supplied  from  the  Mississippi  with  every  species 
of  lumber,  at  cheaper  price. 

"  That  country  would  also,  in  a  little  time,  be  able  to  supply  the 
West  Indies  with  abundance  of  many  articles  of  provisions. 

"  When  it  is  considered,  that  from  the  furthest  distance  up  the  Mis- 
souri river,  whither  our  Indian  traders  from  Canada  at  present  resort, 
to  the  mouth  of  the  Mississippi,  (au  extent  of  above  three  thousand 
miles)  there  is  an  unfathomable  and  uninterrupted  channel ;  and  that 
both  the  banks  are  of  a  fertility  surpassing  the  most  exaggerated  ac- 
counts of  those  of  the  Nile,  and  capable  of  yielding  every  production 
of  both  hemispheres  ;  and  when  we  further  reflect  on  the  many  great 
rivers  which  discharge  themselves  into  the  Mississippi,  particularly  the 
Ohio,  which  is  of  itself  navigable  above  twelve  hundred  miles,  with 
several  others  falling  into  it,  little  less  in  appearance  than  the  Ohio 
itself;  and  the  neighbouring  soil  and  climate  oflering  every  induce- 
ment to  come  and  settle  there,  with  no  channel,  os  I  have  already 
observed,  to  export  the  produce  by,  except  the  Mississippi ; — I  say,  sir. 


CCSSION    OF    LOUISIANA. 


403 


liana  was 


B,  specified 
3j,  or  five 

citizens  of 
aire,  ninth 

gation  antl 
in  '94  con* 
9  province, 
lainted)  w« 


lis  Majealjf^s 

21, 1794. 
'al  arrange- 
md  of  New 
of  the  ter- 
[  necessary, 
1 ;  in  which 
y  follow, 
idia  islands 
ery  species 

supply  the 
s. 

up  the  Mis- 
isent  resort, 
e  thousand 
1 ;  and  that 
gerated  ac- 

iroduction 
many  great 
icularly  the 
miles,  with 
n  the  Ohio 

ry  induce- 
ive  already 
I  say,  sir, 


year  of  the  French  republic,  (30th  September  1800)  shali  be  paid  ac- 
cording to  the  following  regulations,  with  interest  at  six  per  cent,  to 
commence  from  the  periods  when  the  accounts  and  vouchers  were 
presented  to  the  French  governtfient. 

*^  Art.  3.  The  debts  provided  for  by  the  preceding  article  are  those 
whose  result  is  comprised  in  the  conjectural  note  annexed  to  the  pre- 
sent convention,  and  which,  with  the  interest,  cannot  exceed  the  8um 
of  twenty  millions  of  francs.  The  claims  comprised  in  the  said  note 
which  fall  within  the  exceptions  of  the  following  articles,  shall  not  be 
admitted  to  the  benefit  of  this  provision. 

"  Art.  3.  The  principal  and  interest  of  the  said  debts  shall  be  dis- 
charged by  the  United  States,  by  orders  drawn  by  their  minister  pleni- 
potentiary on  their  treasury ;  these  orders  shall  be  [)ayable  sixty  days 
after  the  exchange  of  ratifications  of  the  treaty  and  the  conventions 
signed  this  day,  and  after  possession  shall  be  given  of  Louisiana  by 
the  commissioners  of  France  to  those  of  the  United  States. 

"  Art.  4.  It  is  expressly  agreed,  that  the  preceding  articles  shall 
comprehend  no  debts  but  such  as  are  due  to  citizens  of  the  United 
States,  who  have  been  and  are  yet  creditors  of  France,  for  supplies, 
for  embargoes,  and  prizes  made  at  sea,  in  which  the  appeal  has 
been  properly  lodged  within  the  time  mentioned  in  the  said  conven* 
tion  of  the  8th  Vendemiaire,  ninth  year,  (30th  September  1800.) 

"Art.  5.  The  preceding  articles  shall  apply  only,  1st,  to  captures 
of  which  the  council  of  ju'izes  shall  have  ordered  restitution,  it  being 
well  understood  that  the  claimant  cannot  have  recourse  to  the  United 
States  otherwise  than  ho  might  have  had  to  the  government  of  the 
French  republic,  and  only  in  case  of  the  iusufiiciency  of  the  captors  ; 
2d,  the  debts  mentioned  in  the  said  fifth  article  of  the  convention  con- 
tracted before  the  8th  Vendemiaire,  an  9,  (30th  September  1800)  the 
payment  of  which  has  been  heretofore  claimed  of  the  actual  govern- 
luent  of  France,  and  for  which  the  creditors  have  a  right  to  the  pro- 
tection of  the  United  States ;  the  said  fifth  article  does  not  compre- 
hend prizes  whose  condemnation  has  been  or  shall  be  confirmed :  it 

when  all  those  circumstances  are  considered,  there  can  hardly  be  a 
calculation  formed  oi  the  shipping  iheX  will  be  necessary,  in  some  short 
time  hence,  for  tht  transport  of  the  Immense  productions  that  will  be 
sent  down  that  river. 

"Sho'Jld  the  Americans  thus  once  firmly  possess  themselves  of  that 
colony,  it  will  be  very  difilcult  to  dislodge  them ;  and  from  the  time 
they  establish  a  footing  in  any  port  in  the  Gulpli  of  Florida,  the  inter- 
course between  the  European  nations  and  the  West  Indies  will  be 
very  insecure  indeed." 


404 


CESSION   OF    LOUISIANA. 


U^' 


ia  the  express  intoDtion  of  the  contracting  parties  not  to  extend  the 
benefit  of  the  present  convention  to  reclamations  of  American  citizens, 
who  shall  have  established  houses  of  commerce  in  France,  England, 
or  other  countries  than  the  United  States,  in  partnership  with  foreign- 
ers, and  who  by  that  reason  and  the  nature  of  their  commerce  ought 
to  be  regarded  as  domiciliated  in  the  places,  where  such  houses  exist. 
All  agreements  and  bargains  concertiing  merchandise,  which  shall  not 
be  the  property  of  American  citizens,  are  equally  excepted  from  the 
benefit  of  the  said  convention,  saving,  however,  to  such  persons  their 
claims  in  like  manner  as  if  this  treaty  had  not  been  made. 

"  Art.  6.  And  that  the  different  questions  which  may  arise  under 
the  preceding  article  may  be  fairly  investigated,  the  ministers  plenir 
potentiary  of  the  United  States  shall  name  three  persons,  who  shall 
act  from  the  present  and  provisionally,  and  who  shall  have  full  power 
to  examine,  without  removing  the  documents,  all  the  accounts  of  the 
different  claims  already  liquidated  by  the  bureau  established  for  this 
purpose  by  the  French  republic,  and  to  ascertain  whether  they  belong 
to  the  classes  designated  by  the  present  convention  and  the  principles 
established  in  it ;  or  if  they  are  not  in  one  of  its  exceptions,  and  on 
their  certificate,  declaring  that  the  debt  is  due  to  an  American  citizen 
or  his  representative,  and  that  it  existed  before  the  8th  Vendemiaire, 
9th  year,  (30th  September  1800)  the  creditor  shall  be  entitled  to  an 
order  on  the  treasury  of  the  United  States,  in  the  manner  prescribed 
by  the  third  article,  .,,n, 

"  Art.  7.  The  same  agents  shall  likewise  have  power,  without  re- 
moving the  documents,  to  examine  the  claims  which  are  prepared  for 
verification,  and  to  certify  those  which  ought  to  be  admitted  by  unit- 
ing the  necessary  qualifications,  and  not  being  comprised  in  the  excep- 
tions contained  in  the  present  convention. 

**  Art.  8.  The  same  agents  shall  likewise  examine  the  claims  which 
are  not  prepared  for  liquidation,  and  certify  in  writing  those  which  in 
their  judgments  ought  to  bo  admitted  to  liquidation. 

"  Art.  9.  In  proportion  as  the  debts  mentioned  in  these  articles 
shall  be  admitted,  they  shall  be  discharged  with'  interest,  at  six  per 
cent,  by  the  treasury  of  the  United  States. 

"  Art.  10.  And  that  no  debt  which  shall  not  have  the  qualifications 
above  mentioned,  and  that  no  unjust  or  exorbitant  demand  may  be 
admitted,  the  commercial  agent  of  the  United  States  at  Paris,  or  such 
other  agent  as  the  minister  plenipotentiary  of  the  United  States  shall 
think  proper  to  nominate,  shall  assist  at  the  operations  of  the  bureau, 
and  cooperate  in  the  examination  of  the  claims ;  and  if  this  agent 
shall  be  of  opinion  that  any  debt  is  not  completely  proved,  or  if  he 
shall  judge  that  it  is  not  comprised  in  the  principles  of  the  fifth  article 


CESSION    OF    LOUISIANA. 


405 


xtend  the 
a  citizeus, 
England, 
h  forejgn- 
rce  ought 
uses  exist. 
1  shall  not 
from  the 
sous  their 

ise  under 
lers  plenir 
who  shall 
full  power 
nts  of  the 
d  for  this 
ley  belong 
principles 
18,  and  on 
:an  citizen 
ndemiaire, 
tied  to  an 
prescribed 


above  mentioned ;  and  if,  notwithstanding  his  opinion,  the  bureau  es- 
tabhshed  by  the  French  s^overnment  should  think  that  it  ought  to  be 
liquidated,  he  shall  transmit  his  observations  to  the  board  established 
by  the  United  States,  who,  without  removing  documents,  shall  make 
a  complete  examination  of  the  debt  and  vouchers  which  support  it, 
and  report  the  result  to  the  minister  of  the  United  States.  The  min- 
ister of  the  United  States  shall  transmit  his  observations,  in  all  such 
cases  to  the  minister  of  the  treasury  of  the  French  republic,  on  whose 
report  the  French  government  shall  decide  definitively  in  every 
cose. 

The  rejection  of  any  claim  shall  have  no  other  effect  than  to  exempt 
the  United  States  from  the  payment  of  it,  the  French  government  re- 
serving to  itself  the  right  to  decide  definitively  on  such  claim  so  far  as 
it  concerns  itself. 

"  Art.  11.  Every  necessary  decision  shall  be  made  in  the  course  of 
a  year,  to  commence  from  the  exchange  of  ratifications,  and  no  recla- 
niation  shall  be  admitted  afterwards. 

"  Art.  13.  In  case  of  claims  for  debts  contracted  by  the  govern- 
ment of  France  with  citizens  of  the  United  States,  since  the  8th  Ven- 
demiaire,  ninth  year,  (30th  September  1800)  not  being  comprised  in 
this  convention,  may  be  pursued,  and  the  payment  demanded  in  the 
same  manner  as  if  it  had  not  been  made." 


rithout  re- 

epared  for 

by  unit- 

le  excep- 


A'iiiii.  ,:^jv,i'««::  •■*t  j;->  ,j^ 


(     1 


ms  which 
which  in 

le  articles 
t  six  per 


ifications 
may  be 
or  such 
lates  shall 
e  bureau, 
lis  agent 
or  if  be 
fth  article 


■'■  I  \ 


(    406    ) 


>;*:■ 


CHAPTER    X. 

CONTINENTAL    SYSTEM. 


Livingston  Minister  in  France — Turreau  and  Serrurierin  this  country 
'—America  very  prosperous — Berlin  Decree — Great  calamity — Be- 
ginning  of  Continental  System — All  Continent^  except  Turkey^inthe 
League — America  only  neutral — Milan  Decree — Canton^  in  China^ 
only  port  not  blockaded — Embargo — Bayonne  and  Rambouillet  De- 
crees— Cause  of  War  against  France — Repeal  of  French  Decrees — 
England  refused  to  acknowledge  the  validity  of  the  act — Antedated 
Decree — French  Spoliations — JVb  indemnity — Angry  correspondence 
with  France. 

Notwithstanding  the  vexations,  to  which  the  American 
trade  was  exposed  in  the  West  India  seas,  during  the  years 
1804  and  5,  the  country  was  in  a  condition  of  great  and  in- 
creasing prosperity,  and  of  perfect  security,  while  Europe 
was  bleeding  at  every  pore.*     But  the  eagerness  and  suc- 

*  James  A.  Bayard,  of  Delaware,  appointed  Minister  Plenipotentia- 
ry to  France,  in  February  1801,  did  not  accept  the  appointment.  In 
June  of  the  same  year,  Robert  R.  Livingston,  of  New- York,  was  ap- 
pointed to  the  same  court,  with  the  same  rank.  The  generals  Turreau 
and  Serrurier  were  the  ministers  of  France,  in  this  country,  from  1804 
to  the  war  with  England,  General  Turreau  being  accredited  in  1604, 
and  General  Serrurier  in  1812.  M.  Turreau  published,  in  1815,  in  Pa- 
ris, a  pamphlet,  with  this  title,  "  Aper^u,  sur  la  situation  politique  des 
Etats  Unis  d'Am^rique.'*  It  is  an  unfavourable  account  of  the  politi- 
cal institutions  of  this  country,  which,  he  thinks,  cannot  be  permanent. 
The  French  government  had  no  minister  in  this  country  after  M.  Adet 
was  withdrawn  in  1797 ;  but  L.  A.  Pichon,  (the  individual  already 
mentioned  as  having  been  at  the  Hague)  was  the  Charg^,  from  March 
1801  to  September  1804,  the  period  of  the  arrival  of  General  Turreau, 
who  had,  however,  been  appointed  in  the  preceding  December,  after 
the  treaty  of  Louisiana.  John  Armstrong,  of  New- York,  succeeded 
Mr.  Livingston,  in  1804. 


CONTINENTAL    SYSTEM. 


40^ 


'■!<^.-^t: 


*^jm;i.  ,ir.\i  f 


lis  country 
niiy —  Be- 
key^  in  the 
in  China^ 
millet  De- 
Decrees — 
Antedated 
ispondence 

American 
the  years 
it  and  in- 
3  Europe 
and  suc- 

lipotentia- 
ment.  In 
,  was  ap- 
is Turreau 
Ifrom  1804 
d  in  1804, 
15,  in  Pa- 
litique  des 
|the  politi- 

rmanent. 
r  M.  Adet 
1  already 

m  March 

Turreau, 
iber,  after 

luccceded 


cess,  with  which  America  drove  her  commerce,  was  soon  dis- 
turbed by  a  most  extraordinary  system  of  maritime  legisla- 
tion- The  devastation,  that  had  hitherto  preyed  upon  the 
continent,  extended  itself  to  the  ocean  ;  and  the  ports  of  one 
of  the  most  extensive  empires  in  the  world,  were  declared 
in  rigorous  blockade,  by  a  nation,  that  had  not  a  single  arm- 
ed vessel  afloat.  The  decree,  to  which  we  allude,  is  a  short 
one ;  it  was  issued  immediately  after  the  fatal  and  decisive 
victory  of  Jena. 

"  iMPERiAi.  Camp,  Berlin,  November  21,  1806. — Napoleon,  Em- 
peror of  the  French,  and  King  of  Italy,  considering,  &c., 
'-'         decrees: —  '     ' 

"  Article  1.  The  British  islands  are  in  a  state  of  blockade. 

^  2.  All  commerce  and  correspondence  with  them  is  prohibited. 
Consequently,  all  letters,  or  packet?,  written  in  England,  or  to  an 
Englishman,  written  in  the  English  language,  shall  not  be  despatch- 
ed from  (he  post  offices,  and  shall  be  seized. 

"  3.  Every  individual,  a  subject  of  Great  Britain,  of  whatever 
rank  or  condition,  who  is  found  in  countries,  occupied  by  our 
troops,  or  those  of  our  allies,  shall  be  made  prisoner  of  war. 

"  4.  Every  warehouse,  all  merchandise  or  property,  whatever, 
belonging  to  an  Englishman,  are  declared  good  prize. 

"  5.  One  half  of  the  proceeds  of  merchandise,  declared  to  be 
good  prize,  and  forfeited,  as  in  the  preceding  articles,  shall  go  to 
indemnify  merchants,  who  have  suffered  losses  by  the  English 
cruisers. 

"  6.  No  vessel,  coming  directly  from  England,  or  her  colonics, 
or  having  been  there  since  the  publication  of  this  decree,  shall  be 
admitted  into  any  port. 

"  7.  Every  vessel,  that,  by  a  false  declaration,  contravenes  the 
foregoing  disposition,  shall  be  seized,  and  the  ship  and  cargo  con- 
fiscated, as  English  property. 

"  9.  Communications  of  this  decree  shall  be  made  to  the  Kings 
of  Spain,  Naples,  Holland,  Etruria,  and  to  our  other  allies;  whose 
subjects,  as  well  as  ours,  are  victims  of  the  injuries  and  barbarity 
of  the  English  maritime  code." 

It  is  obviously  matter  of  historical  curiosity,  whether  this 
decree  was  retaliatory,   or  the  beginning  of  that  system,  by 


408 


CONTINENTAL    SYSTEM. 


which  the  commerce  of  neutrals  was,   in  the  end,  so  much 
harassed  ;  though,  in  reality,  it  signifies  very  little,  indeed, 
that  the  French  emperor  had  been  provoked  to  it  by  the  un- 
just  acts   of  other  nations.     At  the  same  time,  it  does  not 
appear,  that  any  instruction,  or  order  in   council,   issued  by 
Great  Britain,   antecedent  to  the  Berlin  decree,   though  all 
violating   the  laws   of  nations,   had   been  invested  with  the 
wide,  unsparing  reach  of  this   measure.      The  order  of  Mr. 
Fox,  of  April  and  May,  at   the   period   the  Prussians  took 
possession  of  Hanover,   included   a  great  extent  of  coast ; 
still,  it  had  not  the  theatrical  air  of  the  Berlin  decree, — for 
it  was  local  or  limited  in  its  operation  ;  and  the  British  navy 
was,  in  some  degree,  competent  to  the  task  of  maintaining  a 
partial  blockade,  along  a  line  of  six  hundred  miles.     And  if 
the  true  origin  of  the  commeicial  restrictions  of  the  French 
revolution  wars,  is  to  be  found  in  the  first  coalition  of  1793, 
the  Berlin  decree  was  still  a  full  departure  from  the  system, 
as  it  respects  neutrals ;  for  the  United  States  had  never  ac- 
knowledged the  principles,  in  relation  to  blockades,  contend- 
ed for  by  England.     But  in   no  case   before,   had  a   whole 
empire,  distributed   over  the   four   continents  of  the  earth, 
been  made  subject  to  the  application  of  a  principle,  which, 
in  the  original  strictness  and  purity  of  maritime  law,  was  in- 
tended to  be  confined  to  a  single  haven   or  harbour.      The 
result  of  this  state  of  things  was,  that   every  portion  of  the 
habitable  globe,  with  which  nations  traded,  was  in  a  state  of 
blockade,  with  the  exception  of  the  port  of  Canton,  in  China. 
The  mind  is  impressed    with  a  singular  sensation,   in  be- 
holding a  great  conqueror,  just  reposing  from  one  of  his  most 
signal  victories,  in  the  capital  of  the  sovereign,  whose  army 
he  had  rather  destroyed  than  defeated,  issuing  decrees,  that 
embraced,  in  their  desolating  effects,  almost  every  sea  of  the 
civilized   world.      The  power   of  Napoleon  Bonaparte  was 
scarcely  bounded   by  any  river  on  the  continent  of  Europe. 
In  gaining  his  great  victories,   in   adding   state  after  state  to 
his   dominions,   in    placing  brother  after  brother  upon   the 
thrones  of  the  old  nations,   whose  dynasties  he  had    thrown 
down,  he  seems  to  have  been   fulfilling  his  proper  part, — to 


U: 


CONTINENTAL    SYSTEM. 


409 


io  much 
indeed, 
the  un- 
does not 
isued  by 
lOUgh  all 
tvith  the 
r  of  Mr. 
ans  took 
f  coast ; 
ee, — for 
ish  navy 
taining  a 
And  if 
J  French 
Df  1792, 
system, 
lever  ac- 
contend- 
a   whole 
le  earth, 
,  which, 
was  in- 
The 
)n  of  the 
state  of 
n  China, 
in  be- 
lls most 
se  army 
3es,  that 
a  of  the 
irte  was 
urope. 
state  to 
pon   the 
thrown 
art, — to 


have  been  accomplishing  the  destinies  of  which,  under  Hea- 
ven, he  was  the  humble  instrument.  Wherever  he  marched, 
he  carried  a  force  with  him  sufficient  to  effect  his  purposes. 
This  was  the  legitimate  exercise  of  the  vast  power,  with 
which  he  was  intrusted,  by  Providence,  for  objects,  it  is  not 
yet  altogether  in  the  reach  of  man  to  comprehend.  But, 
when  he  extended  his  ambition  to  the  ocean, — when  he  un- 
dertook to  overwhelm  whole  countries,  by  maritime  decrees, 
we  perceive  that  he  has  left  the  orbit,  in  which  it  was  his 
destiny  to  move  ;  and  we  feel,  that  the  unity  of  his  theatri- 
cal character  is  destroyed.  The  only  weapon  he  could  there 
use,  was  menace  ;  he  descended  to  an  element,  upon  which 
his  countrymen  had,  latterly,  always  failed — upon  which  he 
had,  himself,  always  appeared  in  dread  of  an  enemy — upon 
which  he  was  never  seen,  except  as  a  fugitive.  There  was 
one  field,  upon  which  he  was  always  an  inferior  ;  and,  to 
enter  upon  it,  he  left  another,  upon  which  he  had  never  been 
conquered. — In  another  point  of  view,  it  was  the  first  act  of 
a  vast  and  magnificent  project,  to  exclude  the  trade  and  na- 
vigation of  Great  Britain  from  the  ports  and  rivers  of  the 
whole  continent  of  Europe, — and  to  overwhelm  her  naval 
greatness,  and  infinite  extent  of  commerce,  by  an  irresistible 
accumulation  of  power  and  resources  on  the  land.  Perhaps, 
this  idea  was  not  original  with  Napoleon  ;  for  we  have  al- 
ready seen  a  limited  attempt  of  the  same  description,  made 
in  1796  by  the  Directory.  But  the  scheme  failed  then. 
The  Berlin  decree  was  the  beginning  of  what  has  since  been 
emphatically  called,  the  "  Continental  System."  Napoleon 
had  not  been  able  to  approach  his  enemy  on  the  ocean  ;  he 
had  lost  St.  Domingo,  and  the  principal  islands  in  the  West 
India  seas  ;  he  had  been  compelled  to  abandon  his  project  of 
invading  England  ;  andj  as  a  final  blow,  the  battle  of  Trafal- 
gar destroyed  his  own  navy,  and  the  flower  of  that  of  Spain. 
He  undertook,  then,  to  subdue  the  ancient,  deadly  rival  of 
his  country,  by  subduing  the  continent.  The  price  of  the 
victories  of  Austerlitz,  Jena,  Friedland  and  Eylau,  was  to  be 
far  greater,  either  than  the  glory  of  the  French  arms,  or  the 
conquest  of  the  most  powerful  states    of  the  old  world.      It 


VOL.    I. 


oi 


410 


CONTINENTAL    SYSTEM. 


was  to  be  attended  with  the  downfall  of  the  commerce  of  the 
English,  and  the  ruin  und  bankruptcy  of  that  rich  nation. 
Again  the  scheme  failed.  There  is  a  limit  to  power,  even 
at  the  moment  when  it  appears  to  have  transcended  all  the 
bounds  human  efforts  can  set  to  it ; — there  is  a  principle, 
always  at  work,  to  preserve  some  sort  of  balance  in  the 
world.  These  projects  of  universal  dominion  have  never 
entirely  succeeded ;  and,  we  presume,  never  will,  while  na- 
tions  retain  any  portion  of  civilization. 

France  has  produced  all  the  great  conquerors  of  modern 
times  ;  no  country,  indeed,  is  better  situated  for  conquests. 
But  none  of  the  conquerors  of  that  remarkable  people,  have 
appeared  under  more  favourable  auspices,  to  acquire  a  uni- 
versal dominion,  than  Napoleon.     He  returned  from  Egypt, 
at  a  time  when  the  revolution  was  just  brought  to  a  close. 
He  appeared  then  before  (he  world,  and  with  unbounded  ap- 
plause.    Those  who  were  in  France,  at  the  time  the  ques- 
tion was  publicly  proposed,  whether  Napoleon  should  be  con- 
sul for  life — or,  as  it  was  placarded  on  the  walls  of  all  the 
great  cities,  "  Bonaparte  sera-t-il  consul  a  vie" — have  often 
described  the  universal  enthusiasm  that  prevailed  in  his  fa- 
vour.    In  six  years,  he  attained  to  a  height  of  power,  that 
speedily  threatened  a  universal  empire  ; — he  then  began  the 
continental  system  ; — he  became  the  head  of  it ;  and  a  re- 
fusal, on  the  part  of  any  government,  to  adopt  it,  was  tanta- 
mount  to   a  declaration  of  war.     Prussia,  Russia,  Austria, 
Denmark,  the  states  of  the  new  confederation  of  the  Rhine, 
the  kingdom  of  Italy,  Naples,  Holland  and  Spain,  formally 
became  members  of  the  league.     French  troops  took  posses- 
sion of  the  Pontificate,  of  Etruria,  and  of  Portugal,  where  it 
was,  of  course,  enforced.     There  did  not  remain  a  state  on 
the  European  continent,  with  the  exception  of  the  Ottoman 
Porte,  that  did  not  e^.ter  into  this  system.     Napoleon  had, 
undoubtedly,  made  preparations  (o  compel  a  compliance  from 
Turkey, — but  he  became  occupied  and  embarrassed  with  his 
Spanish  war.      Thus,  at  one  time,  was  this  system  generally, 
and,  to  all  appearance,  firmly  established. 

To  speak  with  precision,  America  was  the  only  neutral  in 


CONTINENTAL     SYSTEM. 


411 


:e  of  the 
I  nation, 
er,  even 
1  all  the 
irinoiple) 
ee  in  the 
ve  never 
»vhile  na- 

;  modern 
onquests. 
pie,  have 
•e  a  uni- 
m  Egypt, 
a  close, 
jnded  ap- 
the  ques- 
d  be  con- 
>f  all  the 
ave  often 
n  his  fa- 
[wer,  that 
legan  the 
nd  a  re- 
as  tanta- 
Austria, 
e  Rhine, 
formally 
|k  posses- 
where  it 
state  on 
Ottoman 
on  had, 
nee  from 
with  his 
lenerally, 

leutral  in 


the  civilized  world  at  this  period  ;  and  no  evils  have  ever 
fallen  on  her  so  heavily,  as  the  proceedings  of  the  two  great 
belligerents,  commencing  with  the  Berlin  decree  of  Novem- 
ber 1806.  This  measure  awakened,  in  the  outset,  little  at- 
tention ;  and  does  not  appear,  at  first,  to  have  been  thought 
of  serious  importance  even  in  England.  In  the  United  States, 
it  was  considered  a  municipal  regulation.  There  were  cap- 
tures made  under  the  decree  shortly  after  it  was  announced, 
but  no  actual  condemnation  took  place  till  the  case  of  the 
Horizon  in  November  1 807 — nearly  a  year  after  the  pro- 
mulgation. The  American  minister  at  Paris,  Mr.  Armstrong, 
regarded  this  act  as  municipal,  till  October  1807  ;  and  he 
assured  his  government,  there  was  no  ground  for  uneasiness 
or  apprehension.  The  decree  had  the  appearance  of  being 
issued  in  a  moment  of  triumph  and  conquest ;  and  the  ex- 
pressions, upon  a  careful  and  attentive  perusal  and  examina- 
tion, do  not  indicate  any  precise  or  definite  object,  though,  in 
general  terms,  the  British  Islands  were  declared  to  be  in  a 
state  of  blockade,  and  all  commerce  and  correspondence  with 
them  were  forbidden.  But  the  decision  in  the  case  of  the 
Horizon  was  exceedingly  alarming.  The  delay  of  a  year  to 
put  the  decree  into  operation  had  justly  satisfied  America, 
that  the  vessels  of  this  country  were  not  included  in  the  pro-, 
visions  of  it.  They  relied  for  their  protection  on  the  ac- 
kno^vledged  principles  of  public  law,  on  the  rights  of  neutral 
commerce,  urged  by  France  since  the  year  1780,  with  as 
much  vehemence  and  steadiness  as  by  any  other  government 
whatever,  and  especially  on  the  12th  and  14th  articles  of 
the  convention,  concluded  in  1800,  at  Paris.  We  can  only 
account  for  the  delay  in  enforcing  this  decree  from  an  expec- 
tation entertained  by  France,  that  the  United  States  would 
join  her  in  the  continental  system  against  England.  All  the 
difficulties,  observed  M.  Champagny,  in  November  1807, 
"which  have  given  rise  to  your  reclamations,  would  be  le- 
moved  with  ease,  if  the  government  of  the  United  States, 
after  complaining  in  vain  of  the  injustice  and  violations  of 
England,  took  with  the  whole  continent  the  part  of  guaran- 
tying   itself   therefrom.     England   has  introduced  into  the 


412 


CONTINENTAL    SYSTEM. 


maritime  war  an  entire  disregard  for  the  rights  of  nations ; 
it  is  only  in  forcing  her  to  a  peace,  that  it  is  possible  to  re- 
cover them.  On  this  point  the  interest  of  all  nations  is  the 
same.  All  have  their  honour  and  independence  to  defend." 
But  the  terms,  on  which  it  was  proposed  to  America  to  en- 
ter into  this  league,  or  armed  neutrality,  were  not  such  as 
inspired  confidence  or  discovered  consistency.  They  assert- 
ed, in  an  extreme  degree,  the  same  principles  of  blockade 
against  which  America  had  constantly  protested  ;  principles 
that  the  report  of  the  French  minister  of  November  1806, 
declared  to  be  "  monstrous  and  indefensible." 

In  January  and  November  of  the  next  year,  ( 1 807 )  England 
issued  retaliatory  orders  in  Council.'"'  These  were  followed 
by  the  Milan  decree  of  December  1 807. f  England  and  France 
thus  divided,  by  their  several  Lgislattve  acts,  the  civilized 

*  See  Chapter— Treaty  of  Ghent.  .,     ,^   ,j 

f  "Royal  Palace  at  Milan,  Dccemher  17,  1807.  Napoleon,  &c.  ^^^,^, 
"  1.  Every  ship,  to  whatever  nation  it  may  belong,  that  shall  have 
submitted  to  be  searched  by  an  English  ship,  or  to  a  voytige  to  Eng- 
land, or  shall  have  paid  any  tax  whatsoever  to  the  English  govern- 
ment, is  thereby,  and  for  that  nione,  declared  to  be  denationalized,  to 
have  forfeited  the  protection  of  its  king,  and  to  have  become  English 
property. 

"2.  Whether  the  ships  thus  denationalized  by  thtj  arbitrary  mea- 
sures of  the  English  government,  enter  into  our  ports,  or  those  of  our 
allies,  or  whether  they  full  into  the  hands  of  our  ships  of  war,  or  of  our 
privateers,  they  are  declared  to  be  good  and  lawful  prize. 

"  3.  The  British  Islands  are  declared  to  be  in  a  state  of  blockade,  both 
by  land  and  sea.  Every  ship  of  whatever  nation,  or  whatsoever  the 
nature  of  its  cargo  may  be,  that  sails  from  the  ports  of  England,  or 
those  of  the  English  colonies,  and  ofthe  countries  occupied  by  English 
troops,  and  proceeding  to  England,  or  to  the  English  colonies,  or  to 
coontries  occupied  by  English  troops,  is  good  and  lawful  prize,  us  con- 
trary to  the  present  decree,  and  may  be  captured  by  our  ships  of  war 
or  our  privateers,  and  adjudged  to  the  captor. 

"4.  These  measures,  which  are  resorted  to  only  in  just  retaliation  of 
the  barbarous  system  adopted  by  England,  which  assimilates  its  legis- 
lation to  that  of  Algiers,  shall  cease  to  have  any  effect  with  respect  to 
all  nations,  who  shall  have  the  firmness  to  compel  the  English  govern- 
ment to  respect  their  flag." 


?,f. 


CONTINENTAL     SYSTEM. 


413 


nations ; 
le  to  re- 
ins is  the 
defend." 
ca  to  en- 
such  as 
ly  assert- 
blockade 
principles 
er  1806, 

)  England 
followed 

id  France 
civilized 

n 

w 

n,  &c. 
shall  have 
re  to  Eng- 
jh  govern- 
malized,  to 
pe  English 

rary  mea- 
ose  of  our 
r,  or  of  our 

cade,  both 
oever  the 
ngland,  or 
ly  English 

lies,  or  to 
ze,  us  con- 

)s  of  war 

aliation  of 
s  its  legis- 
•cspcct  to 
ih  govern- 


world  between  them — one  held  the  land — the  other  the  sea. 
And  it  did  not  lay  in  the  quiet,  well  expressed  remonstrance 
of  a  minister,  in  the  cold,  studied  language  of  diplomacy, 
either  4o  divert  the  belligerents  from  the  great  course  of  their 
policy,  or  to  avert  from  the  successful,  unoffending  commerce 
of  the  United  States,  the  vast  mischiefs  of  this  accumulation 
of  decrees  and  orders.  The  principal  evils  and  devastation 
of  the  war  had  hitherto  been  confined  to  the  land  ;  but  Na- 
poleon having  overthrown,  on  the  plains  of  Germany,  or  of 
northern  Prussia,  all  the  coalitions  England  had  been  able  to 
rally  against  him,  from  that  time  the  contest  took  a  new  turn. 
And  the  United  States,  hitherto  so  prosperous,  were  now 
called  to  bear  their  part  in  the  calamities,  Europe  had  so 
abundantly  suffered.  At  this  crisis,  America  withdrew  her 
commerce  from  the  ocean.  A  general  embargo,  without  limi- 
tation as  to  time,  was  passed  in  December  1 807  ;  a  great  sa- 
crifice ;  but  the  experiment  was  worth  making,  if  it  could 
prevent  the  necessity  of  hostilities.  It  was  considered  to  bo 
strictly  a  measure  of  precaution,  and  by  no  means  intended 
to  preclude  any  attempt,  whatever,  at  negotiation.  But  this 
act  of  the  American  government  certainly  produced  no  cfTect 
on  France.  So  far  from  leading  to  any  conciliatory  proposi- 
tion, the  first  accounts  of  it  in  that  country  were  succeeded 
by  a  very  extraordinary  edict,  known  by  the  name  of  the 
decree  of  Bayonne  of  April  1808.  It  directed  all  vessels 
then  in  the  ports  of  France,  or  that  should  thereafter  come  in, 
to  be  seized.  The  pretence  of  this  order  was,  that  as  no 
American  vessels  could  at  that  time  be  navigating  the  ocean 
without  violating  the  embargo,  they  must,  in  every  instance, 
be  British  property  ;  though  in  truth,  many  vessels  were 
innocently  in  French  ports,  or  did  so  arrive  there,  having  left 
the  United  States  on  distant  voyages  ;  and  at  the  time  the 
embargo  was  laid,  others  were  at  sea,  engaged  in  their  usual 
commerce.  As  the  law  imposed  no  obligation  on  them  to 
return,  their  absence  was  in  no  respect  criminal.  But  the 
embargo,  being  a  municipal  regulation  of  the  United  States, 
it  was  competent  alone  to  that  country  to  execute  it ; — 
some  vessels  left  our   ports  during  the  continuance  of  that 


414 


CONTINCNTAIi     HYIITBM. 


measure  ; — this  act  was  an  otTence  against  their  own  govern- 
ment ;  but  it  was  none  against  u  foreign  one  ;  it  did  not  dii- 
franchize  or  denationalize  iheni.  The  embargo  naturally  be- 
longed to  the  system  of  forbearance  and  neutrality,  commenc- 
ed under  the  first  administration,  after  the  adoption  of  the 
constitution.  13ut  we  had  fallen  upon  far  different  times; 
Much  assaults  upon  the  rights  of  nations  had  never  before 
been  witnessed  ;  nor  had  the  world  ever  seen  such  a  weight 
and  concentration  of  power  employed  to  enforce  those  ag- 
gressions, ^i       I.  ,       .      r    »  ,,    -t'.   .«'  Hui 

The  temper  and  disposition  manifested  at  this  time  by  tho 
French  Emperor  were  unfavourable  and  alarming.  Mr.  Ma- 
dison, Secretary  of  State,  in  a  letter  of  July  1808  to  General 
Armstrong,  the  minister  at  Paris,  remarks : 

"  If  France  does  not  wish  to  throw  the  United  States  into  n  wnr 
against  her,  for  which  it  U  impossible  to  find  n  rational  or  plausible 
inducement,  she  ought  not  to  hesitate  a  moment  in  revoking,  at 
least,  so  much  of  her  decrees,  as  violate  the  rights  of  the  sea,  and 
furnish  to  her  adversary  the  pretext  for  his  retaliating  measures. 
It  would  seem  as  if  the  imperial  cabinet  had  never  paid  sufficient 
attention  to  the  smallncss  of  the  sacrifice,  which  a  repeal  of  that 
portion  of  its  system  would  involve,  if  nn  act  of  justice  is  to  be 
called  a  sacrifice." 

The  United  States  were,  however,  determined  not  to  ex- 
pose themselves  to  the  alternative  of  a  war.  The  whole 
policy  of  the  government  seems  to  have  been  to  induce  one 
of  the  belligerents  to  repeal  their  illegal  decrees,  both  to 
furnish  an  argument  in  their  representations  to  the  other, 
and  to  enable  them,  in  case  of  an  extremity  no  longer  to  be 
avoided,  to  meet  only  one  enemy  in  Europe.  ,; 

l^he  most  unjustifiable  assault,  exercised  by  f^rance,  on 
the  neutrality  and  moderation  of  the  United  States,  was  in 
the  case  of  the  Rambouillet  decree   of  March   23,   IblO."*' 

*  "  All  vessels,  that  sailed  under  the  flag  of  the  United  States,  or 
such  as  were  owned  in  whole  or  in  part  by  any  citizen  thereof,  which 
from  the  20th  of  March  1809,  had  entered,  or  should  thereafter  enter, 
the  ports  of  the  French  Empire,  or  those  of  their  colonies,  or  of  the 


CONTINENTAL   SYSTSM. 


415 


I  govern* 
1  not  dig- 
irally  be- 
ommenc- 
n  of  the 
it  tiineH; 
!r  before 
a  weight 
hose  ag- 

ie  by  the 
Mr.  Ma- 
I  General 


ito  n  wnr 
'  plausible 
h^okin*!^,  nt 
e  sen,  nnd 
mea!»iires. 

sufficient 
nl  of  that 

is  to  be 

ot  to  ex- 
e  whole 
uce  one 
both  to 
other, 
er  to  be 

ance,  on 

was  in 

IblO.* 

States,  or 
of,  which 
ker  enter, 
or  of  the 


As  in  the  case  of  the  Bayonne  decree  of  April  1808,  the 
French  government  sought  a  pretext  for  this  act  in  the  pro- 
ceedings of  our  own.  The  nonintercoursc  act  of  March 
1809,  was  alleged  to  bo  the  measure,  which  led  to  so  sweep- 
ing a  retaliation.  Rut  there  was  as  little  foundation  or  pre- 
tence for  this  proceeding  in  the  one  instance  as  in  the  other. 
The  nonintcrcourse  law  was  an  act  regulating  the  trade  of 
this  country  with  France  and  England,  a  law  any  nation  had 
a  right  to  adopt ;  for  it  did  not  favour  either  belligerent,  and 
a  notice  of  nearly  three  months  was  given  of  its  existence. 
Very  few  vessels  were  condemned  under  it ;  none,  we  be- 
lieve, belonging  to  France.  But  it  is  quite  clear^  that  if 
France  believed  herself  wronged,  she  should  have  demanded 
redress  of  this  government;  or,  if  she  had  undertaken  to 
indemnify  herself,  the  amount  of  the  indemnity  should,  in 
some  degree,  have  been  proportioned  to  the  injury.  The 
whole  American  commerce,  that  had  innocently,  and  in  the 
fair  course  of  trade,  entered  the  ports  of  that  country,  should 
not  have  been  indiscriminately  and  hastily  swept  of}'.  Again, 
the  Rambouillet  decree  could  scarcely  bo  said  to  be  in  re- 
taliation of  the  nonintercourse  of  March  1809  ;  for  that 
law,  when  communicated  to  the  French  government,  was 
not  complained  of,  and  the  Rambouillet  was  not  issued  for 
twelve  months  after. 

We  have  now  finished  the  account  of  the  French  decrees 
till  the  repeal  of  the  Berlin  and  Milan  in  August  1810. 
The  American  government  carried  its  love  of  peace  too  far, 
in  not  declaring  war  against  France,  after  the  promulgation 
of  the  Rambouillet  decree.  There  are  few  public  transac- 
tions, in  the  history  of  this  country  to  be  compared  to  the 
violence  and  irjustice  of  that  act,  and  the  decree  of  Bayonne. 
It  was  the  deliberate  proceeding  of  the  French  government; 
and  by  the  influence  of  France  its  operation  was  extended 
to  Spain,  Holland  and  Italy.      Those  decrees  were  not  issu- 

oountries  occupied  by  the  French,  were  directed  to  be  seized  and  sold, 
and  the  proceeds  of  the  sales  were  deposited  in  the  caisso  d'atnortiss- 
ment." 


416 


CONTINENTAL     SYSTEM. 


ed  in  the  spirit  of  retaliation  ;  the  French  government  did 
not  allege  the  same  pretext  for  their  promulgation  as  for 
those  of  Berlin  and  Milan.  But  in  a  time  of  profound 
peace,  in  defiance  of  a  solemn  con\'ention,  and  of  eveiy 
principle  of  good  faith,  thie  whole  American  commerce  in 
the  ports  of  France,  Spain,  Italy  and  Holland,  was  seized 
and  sold  for  the  benefit  of  the  imperial  treasury.* 

We  now  arrive  at  a  period  in  the  history  of  our  connexion 
with  France,  remarkable  for  having  ultimately  led  to  the  war 
of  1812  with  Great  Britain.  This  was  the  declaration  of 
M.  de  Champagny,  which  we  shall  presently  recite,  announc- 
ing the  repeal  of  the  Berlin  and  Milan  decrees.  The  act  of 
May  1810,  regulating  foreign  intercourse,  having  been  noti- 
fied to  the  French  government,  an  official  communication  was 
without  delay  made  to  Mr.  Armstiong,  informing  him  that 
the  Berlin  and  Milan  decrees  would  cease  to  have  effect 
after  the  1st  day  of  November  1810,  though  a  copy  of  the 
decree  was  not  sent  with  the  document.  The  notification 
was  in  these  words :  "  In  this  new  state  of  things,  I  am  au- 
thorized to  declare  to  you,  that  the  decrees  of  Berlin  ind 
Milan  are  revoked,  and  that  after  the  1st  of  November,  they 
will  cease  to  have  effect,  it  being  understood,  that  in  conse- 
quence of  this  declaration,  the  English  shall  revoke  their 
Orders  in  Council,  and  renounce  their  new  principles  of 
blockade,  which  they  have  wished  to  establish,  or  that  the 
United  States^  conformably  to  the  act  you  have  just  commU' 
nicated^  shall  cause  their  rights  to  be  respected  by  the  Eng' 

*  "  Was  the  capture  and  condemnation  of  a  ship  driven  on  the 
shores  of  France  by  stress  of  weatlier  and  the  perils  of  the  sea,  noth- 
ing ?  Was  the  seizure  and  sequestration  of  many  cargoes  brought  to 
France  in  ships  violating  no  law,  and  admitted  to  regular  entry  at  the 
imperial  custom  houses,  nothing?  Was  the  violation  of  our  maritime 
rights,  consecrated  as  they  have  been  by  the  solemn  forms  of  a  pub- 
lic treaty,  nothing?  In  a  vtrord,  was  it  nothing,  that  our  ships  were 
burnt  on  the  high  seas,  without  other  oft'ence  than  that  of  belonging 
to  the  United  States,  or  other  apology  than  was  to  be  found  in  the 
eidianced  safety  of  the  perpetrator." — Letter  of  General  Armstrong  to 
ike  French  Minister. 


CONTINENTAL    SYSTEM. 


41V 


tnent  did 
n  as  for 
profound 
of  eveiy 
nercc  in 
IS  seized 

onnexion 
a  the  war 
(ration  of 
announc- 
he  act  of 
een  noti- 
ation  was 
him  that 
ve  effect 
yy  of  the 
)ti(ication 
I  am  au- 
erlin  ind 
her,  they 
in  conse- 
>ke  their 
iciplcs  of 
that  the 
commu- 
the  Eng- 

n  on   the 
sea,  noth- 
rought  to 
try  at  the 
maritime 
of  a  pub- 
lips  were 
jelonging 
nd  in  the 
natron g  to 


hsh.'*'*  This  mode  of  revocation  in  ordinary  cases  would, 
perhaps,  have  attracted  no  attention.  It  is  the  form  usually 
adopted  in  the  diplomatic  notifications  of  the  acts  of  a  gov* 
ernment ;  especially  it  is  the  uniform  manner  in  which 
blockades  are  notified  to  foreiga  ministers  by  the  British 
cabinet.  But  a  vast  importance  was  attached  to  it  from  the 
circumstance,  that  England  refused  to  receive  it  as  sufficient 
evidence  of  the  repeal.  No  formal  decree  was,  however, 
actually  passed  at  this  time,  at  least,  none  has  ever  been 
published.  But  the  American  government  considered  the 
declaration  of  M.  de  Charapagny  sufficient  and  Satisfactory, 
and  it  possessed  the  authority  of  all  its  diplomatic  agents  ifl 
Europe,  that  no  American  vessel  was  condemned  after  the 
revocation  for  a  violation  of  these  decrees,  though  captures 
took  place  and  other  outrages  were  committed.  Some  of 
these  vessels  were  burnt  on  the  high  seas,'**'  and  others  ooit* 

*  "  The  undersigned,  Minister  Plenipotentiary  of  the  United  States, 
has  the  honour  to  transmit,  here  enclosed,  to  his  excellency  the  Duke 
of  Bassano,  Minister  of  Foreign  Relations,  copies  of  the  protests  of 
Thomas  Holden,  master  of  tiie  American  brig  Dolly,  of  New- York, 
and  Stephen  Bayard,  master  of  the  American  ship  Telegraph  of  New- 
York,  by  which  his  excellency  will  learn  that  these  vessels  have  been 
met  with  at  sea  by  his  imperial  and  royal  majesty's  ships,  the  Medusa, 
captain  Raoul,  and  the  Nymph,  captain  PInsson,  who,  after  having 
plundered  them  of  a  part  of  their  cargoes,  destroyed  the  remainder  by 
burning  the  ships.  It  is  a  painful  task  for  the  undersigned  to  be  obliged 
so  frequently  to  call  the  attention  of  his  excellency  to  such  laioless  depreda- 
tions. It  appears  to  him  that  in  the  whole  catalogue  of  outrages  ou 
the  part  of  the  cruisers  of  the  belligerents,  of  which  the  United  States 
have  such  great  and  just  reason  to  complain,  there  are  none  more 
vexatious  and  reprehensible  than  this.  Upon  what  ground  can  such 
spoKations  be  justified  ?  Will  it  be  alleged,  that  the  destruction  of  thesd 
vessels  was  necessary,  in  onler  to  prevent  their  carrying  information 
to  the  enemy,  and  thereby  endanger  the  safety  of  these  frigates  upon  • 
a  trackless  ocean?  This  would  be  a  poor  defence.  After  boarding 
these  peaceful  traders,  they  might  easily  have  led  their  course  south, 
when  they  intended  to  go  north.  They  could  even  have  maintained 
their  assumed  character  of  JJritish  ships,  under  which,  it  seems,  they 
1)egan  the  commission  of  these  flagrant  acts,  and  thus  have  prevented 
all  information  of  cruibing  in  those  latitudes.  But  it  appears  that 
VOL.   I.  53 


418 


CONTINENTAL   SYSTEM. 


deraned,  on  pretence  that  their  cargoes  were  British  proper- 
ty. On  the  2d  of  November  1810,  the  President  issued  a 
proclamation,  announcing  the  fact  of  the  repeal,  and  restor- 
ing the  intercourse  with  French  public  armed  vessels.  The 
fiayonne  and  RambouiUet  decrees  expired  with  the  Berlin 
and  Milan.  Not  any  other  of  our  difficulties,  however, 
with  France  were  removed  ; — no  offer  was  made  towards  an 
indemnity  for  American  property  unjustly  seized,  and  sold, 
nor  any  progress  made  in  renewing  the  convention  of  1 800, 
which  had  expired  in  1 808. 

The  French  declaration  of  November  1810,  was  attended 
with  many  embarrassing  circumstances  ;  captures  were  still 
made  under  the  decrees,  and  the  trials,  being  much  delayed 
and  ultimately  referred  to  the  tribunals  at  Paris,  great  ex- 
penses awaited  the  recovery  of  the  property.  These  cap- 
tures continually  threw  doubts  on  the  actual  situation  of  the 
decrees,  and  afforded  pretexts  to  England  to  maintain  her 
orders.  The  United  States  were,  accordingly,  dissatisfied 
with  this  equivocal  conduct  in  France.  Even  many  of  the 
official  acts  of  the  French  government,  at  this  period,  com- 
bined to  prove  that  the  decrees  were  not  repealed.  The 
emperor  declared,  himself,  that  he  should  not  abandon  his 
continental  system  ;  and,  in  the  celebrated  report  of  the 
Duke  of  Bassano,  concerning  neutral  rights,  no  notice  was 
taken  of  the  repeal,  or  the  modification  of  the  decrees,  or  of 
their  ceasing  to  apply  to  the  United  States.  It  was  far,  in- 
deed, from  being  an  zrt  of  courtesy  and  frank  conduct  in  the 
French  government,  to  withhold  the  promulgation  of  a  formal 
instrument,  announcing  the  revocation,  as  it  respects  this 
country.  On  this  subject,  we  shall  quote  part  of  a  despatch 
of  November  1811,  from  Mr.  Monroe  to  the  minister  at 
Paris : 


plunder,  and  not  safety,  was  tlie  object,  for  which  they  have  thus  dis- 
graced the  imperial  flag.  For  his  excellency  will  probably  have  learnt 
from  Brest,  where  the  frigates  entered,  that  the  tioenty  boxes  of  spices 
and  other  articles,  taken  from  the  Telegraph,  were  smuggled  on  shore, 
and,  it  is  said,  were  sold  for  the  benefit  of  the  equipage  of  the  Medusa,^* 
— Letter  of  Mr.  Barlow  to  the  French  Minister. 


CONTINENTAL   SYSTEM. 


419 


ih  proper- 

t  issued  a 

nd  restor- 

3ls.     The 

the  Berlin 

however, 

owards  an 

and  sold, 

of  1800, 

s  attended 

were  still 

:h  delayed 

great  ex- 
^hese  cap- 
ion  of  the 
iintain  her 
dissatisfied 
my  of  the 
liod,  com- 
led.  The 
)andon  his 
Lrt  of  the 
notice  was 
rees,  or  of 
ras  far,  in- 

uct  in  the 
)f  a  formal 
pects  this 
a  despatch 
linister  at 


fe  thus  dis- 
have  learnt 
s  of  spices 
d  on  shore, 
e  Medusa" 


<*  It  is  not  sufficient,  on  the  final  decision  of  a  cause  brought  be- 
fore  the  French  tribunal,  thnt  it  should  appear,  thnt  the  French 
decrees  are  repealed.  An  active  prohibitory  policy  should  be  adopt- 
ed to  prevent  seizures  on  the  principles  of  those  decrees.  All  that 
is  expected,  is,  that  France  will  act  in  conformity  to  her  oun  prin- 
ciples. If  that  is  done,  neutral  nations  would  then  have  an  import- 
ant object  before  them,  and  one  belligerent,  at  least,  prove  that  it 
contended  for  principle  rather  than  for  power,  that  it  sought  the 
aid  of  neutral  nations  in  support  of  that  principle,  and  did  not  make 
it  a  pretext  to  enlist  them  on  its  side  to  demolish  its  enemies.  The 
abuses  that  are  practised  by  French  privateers  in  the  Baltic,  the 
Channel,  Mediterranean,  and  wherever  else  they  cruise,  have,  of 
late  more  especially,  reached  an  enormous  height.  In  the  Baltic, 
they  have  been  the  more  odious,  from  the  circumstance,  that  it 
was  expected  that  they  had  been  completely  suppressed  there. 
Till  of  late,  these  abuses  were  imputed  to  the  privateers  of  Den- 
mark, which  induced  the  President  to  send  a  special  mission  to  the 
Danish  government,  which  it  was  understood  was  producing  the 
desired  effect.  But  it  is  now  represented,  that  the  same  evil  is 
produced  by  a  collusion  between  the  privateers  of  Denmark  and 
those  of  France.  Hence  it  assumes  a  vvorse  character.  To  seiz- 
ures equally  unlawful,  is  added,  hy  carrying  the  causes  to  Paris, 
still  more  oppressive  delays." — "  What  advantages  does  France 
derive  from  these  abuses  ?  Vessels  trading  from  the  United  States 
can  never  afford  cause  of  suspicion  on  any  principle,  nor  ought 
they  to  be  subject  to  seizure.  Can  the  lew  French  privateers, 
which  occasionally  appear  at  sea,  make  any  general  impression  on 
the  commerce  of  Great  Britain  ?  They  seldom  touch  a  British  ves- 
sel. Legitimate  and  honourable  warfare  is  not  their  object.  The 
unarmed  vessels  of  the  United  Stales  are  their  only  prey." 

General  Armstrong  having  obtained  leave  to  return  home, 
Joel  Barlow,  of  Connecticut,  was  appointed  miniBter  pleni- 
potentiary to  St.  Cloud,  and  arrived  in  September  1811,  in 
Paris.  Mr.  Barlow  died  in  Poland,  in  October  1812,  hav- 
ing gone  thore  on  an  invitation  from  the  Duke  of  Bassano,  for 
the  purpose  of  completing  a  commercial  treaty  with  France, 
on  the  principle  of  complete  reciprocity.  We  have  no 
means  of  ascertaining  whethei  he  could  have  accomplished 
this  object  3 — it  is,  at   any  rate,  certain   that   Mr.  Bailow 


420 


CONTINENTAL   SYSTEM. 


made  no  progress  in  the  negotiation  the  year  he  v/M  in 
France.  A  serious  discussion  of  the  business  was  postponed 
month  after  month,  it  is  probable,  partly,  in  consequence  of 
the  mass  and  variety  of  affairs,  pressing  upon  the  emperor 
and  his  ministers,  preparatory  to  the  expedition  to  Russia, 
though  the  government  appeared  to  have  determined  not  to 
conclude  a  treaty  with  France,  till  full  indemnity  was  made 
for  past  spoliations.  The  only  circumstance  of  much  im- 
portance, that  occurred  during  Mr.  Barlow's  residence  in 
Paris,  was  the  celebrated  decree  of  April  28,  1811.  This 
decree  was  in  these  words  :       .     • 

"  Palnce  of  St.  Cloud,  April  28,  1811.  Napoleon,  Emperor  of 
the  French,  &c.  &c.  On  the  report  of  our  Minister  of  Foreign 
Relations.  Seeing  by  a  law  passed  on  the  2d  March  1811,  the 
Congress  of  the  United  States  has  ordered  the  execution  of  the 
provisions  of  the  act  ofnonintercourse,  which  prohibits  the  vessels 
nnd  merchandise  of  Great  Britain,  her  colonies  and  dependencies, 
from  entering  into  the  ports  of  the  United  States  ; — considering 
that  the  said  law  is  an  act  of  resistance  to  the  arbitrary  pretensions 
consecrated  by  the  British  Orders  in  Council,  and  a  formal  refusal 
to  adhere  to  a  system,  invading  the  independence  of  neutral  powers, 
and  of  their  flag,  we  have  decreed,  and  do  decree  as  follows  :  The 
decrees  of  Berlin  and  Milan  are  deiinitively,  and,  to  date  from  the 
first  day  of  November  last,  considered  as  not  having  existed  (non 
avenus)  in  regard  to  American  vessels.^' 

The  first  intelligence  of  it  was  communicated  to  Mr.  Bar- 
low in  the  beginning  of  May  1812,  and  received  by  the 
government  in  July  of  the  same  year.  No  communication 
of  the  decree  was  made  by  the  French  minister,  nor  was  any 
explanation  of  this  business  ever  given.  A  knowledge  of 
the  decree  was  withheld  from  this  country  for  more  than  a 
year.  Whether  this  was  the  actual  date,  or  whether  it  was 
antedated,  cannot  now  he  ascertained,  nor  the  motives  that 
led  to  this  uncommon  proceeding,  Mr.  Barlow  never  having 
obtained  any  explanation  of  it.  Mr.  Crawford,  of  Georgia, 
who,  as  his  successor,  arrived  in  France  in  August  of  the 
next  year,  had  no  means,  en  account  of  the  great  pressure 
of  other  public  affairs,  and  the  subsequent  downfall  of  the 


CONTINBNTAX.   SYSTXM. 


421 


waa  in 
38tponed 
uence  of 
emperor 
»  Russia, 
id  not  to 
/as  made 
luch  im- 
dence  in 
I.     This 

nperor  of 
f  Foreign 
1811,  the 
on  of  the 
he  vessels 
^ndencies, 
onsulering 
retensions 
(lal  refusal 
al  powers, 
Dws :  The 
!  from  the 
istcd  (non 

VIr.  Bar- 
by  the 
unication 
was  any 
ledge  of 
re  than  a 
er  it  was 
ives  that 
r  having 
Georgia, 
Bt  of  the 
pressure 
11  of  the 


imperial  dynasty,  of  bringing  on  any  discussions,  whatever, 
relating  to  the  concerns  of  the  two  governments.  But  it  is 
not  likely  any  explanation  was  or  could  have  been  given. 
We  shall  close  this  account  of  the  relations  of  the  United 
States  with  France  with  an  extract  of  another  letter  of  Mr. 
Monroe,  of  July  1812,  to  the  minister,  at  Paris  r 

"  It  appears  that  the  same  oppressive  restraints  on  our  com- 
merce were  still  in  force,  that  the  system  of  license  was  persever- 
ed in,  that  indemnity  had  not  been  made  for  spoliations,  nor  any 
pledge  given  to  inspire  confidence  that  any  would  be  made.  More 
recent  wrongs,  on  the  contrary,  and  of  a  very  outrageous  charac- 
ter, have  been  added  to  those,  with  which  you  were  acquainted, 
when  you  left  the  United  States.  By  documents,  forwarded  to  you 
in  my  letter  of  the  21st  of  March,  you  are  informed  of  the  waste  of 
our  commerce,  made  by  a  squadron  froni  Nantz,  in  January  last, 
which  burnt  many  of  our  vessels  trading,  to  the  peninsula.  It  is 
hoped  that  the  government  of  France,  regarding  with  a  prudent 
foresight  the  probable  course  of  events,  will  have  some  sensibility 
to  its  interest,  if  it  has  none  to  the  claims  of  justice  on  the  part  of 
this  country.  On  the  French  decree  of  the  28th  April  1811,  1 
shall  forbear  to  make  many  observations,  which  have  already  oc- 
curred, until  all  the  circumstances  connected  with  it  are  better  un- 
derstood." ,  .^  ,  .  r  .'  :.':' i"^" 
The  American  government  was,  at  no  time,  insensible  to 
the  wrongs  done  it  by  France.  Uncommon  forbearance  was 
exercised  in  abstaining  from  actual  hostilities,  but  a  doubt 
never  could  have  been  entertained,  that  just  and  abundant 
cause  of  war  existed.  The  affair  of  the  Berlin  and  Milan 
decrees  was  far  from  being  satisfactory  to  the  United  States. 
Those  formal  proofs  of  the  revocation  were  not  furnished, 
which,  in  the  peculiar  circumstances  of  the  case,  as  the  re- 
peal itself  was  made  conditional  on  a  movement  either  of  the 
English  or  the  American  government,  it  was  the  duty  of  a 
friendly  state  to  have  produced.  We  have  no  means  of  as- 
certaining why  a  decree  was  withheld.  It  could  not  have 
been,  because  the  government  did  not  choose  to  implicate 
its  good  faith,  as  much  involved  by  the  declaration  of  the 
Duke  of  Cadore,  as  could  have  been  done  by  any  other  offi- 
cial instrument.     France  could  not  have  foreseen,  that  Eng- 


422 


CONTINENTAL   SYSTEM. 


If'',: 


land  would  refuse  to  acknowledge  the  authenticity  of  the 
declaration,  or  the  sincerity  of  the  practice.  As  to  the 
"  antedated  decree,"  a  copy  of  it  was  furnished  Mr.  Barlow 
before  the  declaration  of  war  against  Great  Britain  was  made 
in  this  country.  If  this  decree  had  been  known  in  time, 
hostilities  would  probably  have  been  prevented.  This  could 
not,  therefore,  have  been  the  motive  of  France,  in  produc- 
ing,  at  that  very  late  hour,  a  copy  of  so  important  a  docu- 
ment. On  the  other  hand,  if  France  anticipated  the  war,  if 
war  was  considered  no  longer  to  be  avoided,  what  purpose 
did  it  answer  to  produce  the  decree  in  the  actual  state  of 
hostilities,  or  on  the  eve  of  a  declaration.  The  entire  cor- 
respondence of  the  American  government  with  France, 
from  1806  to  the  fall  of  the  imperial  dynasty  in  1814,  was 
of  an  angry  nature — a  series  of  complaints,  remonstrances 
and  threats  of  retaliation.  Every  year  appeared  to  augment 
the  dissatisfaction  felt  by  this  country, — increased  the  claims 
for  indemnity, — diminished  the  prospect  of  an  alliance.  The 
American  minister  at  Paris,  as  our  quotations  prove,  was 
directed  to  press  a  consideration  of  these  grievances  with 
more  zeal  and  vigour.  And  his  instructions  forbade  him 
from  entering  on  a  trealy,  till  those  representations  were 
satisfied.  We  finish  this  portion  of  the  relations  of  America 
with  France,  with  the  downfall  in  1814  of  Napoleon  Bona- 
parte. Although  no  treaty  was  concluded  during  the  period 
of  which  we  have  attempted  a  brief  sketch  in  this  chapter, 
the  circumstances  of  the  times  were  too  important  to  have 
justified  us  in  passing  over  it  in  entire  silence.*     w  V 


*  In  addition  to  these  treaties  and  conventions  with  France,  a  con- 
tract was  made  by  Dr.  Franklin  with  M.  de  Vergennes,  in  July  '82,  to 
regulate  the  mode  of  payment,  and  the  rate  of  interest  of  the  18,000,000 
hvres,  loaned  by  his  Christian  Majesty  to  the  confederation,  together 
with  the  loan  (10,000,000)  in  Holland.  In  November  '88,  a  conven- 
tion was  made  by  Mr.  Jefferson,  with  M.  de  Montn\,orin,  to  define  the 
duties,  powers  and  privileges  of  consuls.  We  have  not  thought  it 
necessary  to  take  any  notice  of  this  instrument,  ';s  our  consuls  in  Eu- 
rope, (and,  also,  French  consuls  in  this  country)  are  only  commercial 
agents  ;  they  are  not  invested,  like  the  consuls  on  the  Barbury  coast, 
with  diplomatic  functions.  In  '83,  America  aguin  contracted  a  loan  of 
6,000,000  livres  with  the  French  government.  •  w  .  .  - 


(     423     ) 


\-ik 


of  the 
to  the 
Barlow 
as  made 
n  time, 
lis  could 
pi'oduc- 
a  docu- 
!  war,  if 
purpose 
state  of 
tire  cor- 
France, 
14,  was 
strances 
lugment 
e  claims 
i.  The 
ve,  was 
ses  with 
ade  him 
[)S  were 
{Vmerica 
n  Bona- 
e  period 
chapter, 
to  have 


e,  a  con- 
ily  '82,  to 
8,000,000 

together 
I conven- 

cfine  the 
lought  it 

s  in  Eu- 

luiiei'cial 
iry  coast, 

a  loan  of 


CHAPTER    XT. 

RELATIONS   WITH   RUSSIA.       ^,   ^ 

Ab<  originalitj  applied  to  for  aid  by  Congress  of  ^11 — Liule  known  at 
that  time  in  Europe — Relations  friendly — ^firmed  neutrality — Dana 
tent  to  Russia  in  '80 — Propriety  of  applying  to  foreign  courts — 
Izard'^s^  Adams'',  and  Franklin''s  opinions — Instructed  to  propose 
America  as  a  member  of  the  armed  neutrality — Kot  received  by  the 
Empress — French  ministers  abroad  kind — Dana  in  aivkvcard  situa- 
tion at  St.  Petersburg — Letters  to  Russian  ministers — Singular 
opinion  of  Empress — Russia  not  disposed  to  acknowledge  independ- 
ence— Anecdote  of  Franklin  and  Count  du  JVord — JVeutrality  awakens 
great  anxiety — Congress,  at  return  of  peace,  took  earliest  steps  to  pre- 
vent a  connexion  with  "  Armed  JVeutrality'''' — Instructions  to  ministers 
in  Europe  not  to  agree  to  support  neutrality  by  force  of  arms — 
Adams,  minister  to  Russia — Pahlen  to  this  country — Daschkoff — 
JVo  treaty  or  commercial  convention,  though  great  trade. 

Russia  was  originally  not  one  of  the  European  states,  to 
whom  an  application  was  made  by  Congress  in  1777  for  aid, 
and  for  the  recognition  for  the  independence,  though  some 
circumstances,  that  will  presently  be  mentioned  in  a  subse- 
quent year,  appeared  likely  to  give  uncomu^on  importance 
to  the  first  diplomatic  connexions  of  the  two  countries.  We 
may  account  for  this  omission  entirely  by  local  considera- 
tions. The  weight  and  power  of  that  nation,  since  become 
so  formidable,  had  been  confined  principally  to  the  north, 
and  to  wars  with  the  Turks.  Little  known  to  Europe,  ex- 
cept by  her  attacks  on  the  Prussian  dominions  in  the  time 
of  the  great  Frederic,  and  by  sharing  in  the  wicked  partition 
of  Poland  in  1772,  the  consequences  of  the  French  revolu- 
tion first  brought  her  armies  across  the  Alps  and  the  Rhine, 
first  developed  the  resources  of  that  country  to  full  view, 


424 


BELATIONS   WITH    RUSSIA. 


and  in  most  successful  action.  No  European  power  has, 
however,  conducted  itself  in  a  more  friendly  manner  towards 
America  than  Russia  ;  the  relations  of  the  two  countries 
having  all  along  been  of  an  amicable  and  satisfactory  kind. 
As  early  as  1791  we  had  a  direct  trade  up  the  Baltic,  but 
till  1809  and  10,  it  was  principally  confined  to  imports.  It 
has  since  been  great,  though,  as  to  imports,  consisting  chiefly 
of  articles  that  might  well  be  made  staples  in  this  country. 
We  have  suffered  less  interruption  in  our  commerce  with 
Russia  than  with  any  other  continental  nation  of  Europe, 
the  Emperor  Alexander  not  having  adopted  the  French  system 
till  after  the  treaty  of  Tilsit,  in  1807,  and  having  taken  the 
first  opportunity  to  release  himself  from  the  obligation  of  en- 
forcing it,  by  publishing  the  celebrated  Ukase  of  December 
1810.  Indeed,  the  system  was  never  executed  with  much 
severity  in  Russia  ;  British  goods  never  having  been  burnt 
in  that  country,  as  on  other  parts  of-^the  continent,  and  they 
always  enjoyed  the  privilege  of  being  admitted  in  neutral 
bottoms. 

Notwithstanding  Catharine  II.  was  the  author  of  the  arm- 
ed neutrality  of  1780,  Russia  was  one  of  the  first  parties  to 
the  inaritime  coalition,  formed,  in  the  year  '93,  against 
France.  But  the  declaration  of  this  Empress,  in  the  year 
just  mentioned,  concerning  the  rights  and  duties  of  neutrals, 
immediately  attracted  the  attention  of  Congress.  The  prin- 
ciples, announced  in  that  instrument,  though  far  froin.  being 
complete  or  embracing  the  whole  ground,*  were  such  as 
America  would  at  once  espouse  ;  they  were  directly  hostile 
to  the  system  of  Great  Britain,  and  in  that  way  were  likely 
to  produce  a  favourable  influence  on  the  war  then  waging 
between  the  mother  country  and  the  colonies.  Congress 
did  not  delay  to  send  a  minister  to  Russia,  for  the  armed 
neutrality  presented  an  admirable  occasion  of  attacking 
England  in  a  vital  or^^an.  Another  method  of  expressing 
their  approbation  of  the  principles  of  that  confederacy  was, 

*  The  armed  neutrality  left  crintrnbands  matter  of  conventional 
law,  uor  did  it  establish  any  regulations  for  vessels  under  convoy. 


RELATIONS   WITH    RUSSIA.     I 


425 


rer  has, 
towards 
ountries 
■y  kind, 
hie,  but 
»rts.  It 
r  chiefly 
country, 
ce  with 
Europe, 
1  system 
tken  the 
in  of  en- 
Bcerober 
th  much 
n  burnt 
ind  they 
neutral 

:he  arm- 

arties  to 

against 

he  year 

leutrals, 

he  prin- 

a  being 

such   as 

hostile 

B  likely 

waging 

ongress 

i  armed 

ttacking 

)ressing 

y  was, 

rentional 
voy. 


also,  adopted.  We  copy  from  the  Journal  of  October  '80, 
the  following  paragraph  : — "  Congress,  willing  to  testify 
their  regard  to  the  rights  of  commerce,  and  their  respect  for 
the  sovereign  who  hath  proposed,  and  the  powers  who  have 
approved  the  said  regulatio'ns  :  Resolve,  That  the  Board  of 
Admiralty  prepare  and  report  instructions  for  the  command- 
ers of  armed  vessels  commissioned  by  the  United  States, 
conformable  to  the  principles  contained  in  the  declaration  of 
the  Empress  of  all  the  Russias  on  the  rights  of  neutral 
vessels." 

Francis  Dana,  of  Massachusetts,  was  elected,  in  Decem- 
ber 1780,  minister  plenipotentiary  to  the  court  of  St.  Pe- 
tersburg ;  he  was  authorized  to  ^^  accede  to  the  convention  of 
the  said  neutral  and  belligerent  powers  for  protecting  the 
freedom  of  commerce  and  the  rights  of  nations^"  and  to  pro- 
pose a  treaty  of  amity  and  commerce.  This  is  the  only  in- 
stance  in  the  history  of  the  country,  in  which  the  United 
States  volunteered  themselves  a  party  to  a  league  of  sove- 
reigns in  Europe  ; — a  proceeding  that  in  consequence  of  the 
arrangements,  that  have  succeeded  the  pacification  of  1815, 
would,  at  this  day,  have  excited  an  intense  and  profound  in- 
terest. Still,  the  principles,  adopted  by  the  northern  con- 
federacy, were  exceedingly  grateful  to  the  American  gov- 
ernment, and  a  proposal  to  join  it  was  considered  an  effectu- 
al mode  of  hastening  the  acknowledgment  of  independence. 
It  was,  in  reality,  a  league,  both  offensive  and  defensive, 
what  its  name  purported  it  to  be,  an  armed  coalition,  or  in 
the  modern  phrase,  "  war  in  disguise."  But  even  if  the 
United  States  had  been  admitted  to  it,  they  were  not  in  a 
condition,  at  that  time,  to  furnish  their  quota  of  armament. 
England,  at  war  with  France,  Spain,  America,  and  shortly 
after  Holland,  regarded  this  coalition  of  the  principal  states 
of  Europe  with  sullen  silence  ;  she  replied  to  the  notes  of 
the  different  northern  powers,  notifying  to  her  the  formation 
of  the  confederacy,  with  uncommon  adroitness,  and  with  all 
possible  diplomatic  address  and  formality.  With  the  excep- 
tion of  Portugal,  she  had  not  a  real  friend  left  in  the  year 
'81,  in  either  hemisphere  ;  and,  with  less  power  and  wealth 
VOL.   I.  54 


42G 


RiXATIONS    WITH    RUSSIA. 


t 


.! 


to  conduct  and  sustain  ihe  conflict,  she  was  in  a  tnore  despd* 
rate  condition  than  in  1809. 

Mr.  Diana  was  neither  received  by  the  Russian  court,  nor 
was  it  officially  known  that  he  was  at  St.  Petersburg,  and 
as  the  empress  had  proposed  to  act  a  piincipal  part  in  the 
mediation  already  mentioned,  she  could  not  consent  to  admit 
a  minister  from  the  United  States.  M.  de  Vergennes  ad- 
vised Mr.  Dana  not  to  appear  in  an  official  character,  but  to 
keep  his  commission  secret,  and  to  represent  himself  as  a 
common  traveller.  This  opinion  he  stated  distinctly  at  a 
conference  in  April  1781,  at  Versailles.  He  was  particular- 
ly urgent  Mr.  Dana  should  travel  as  a  private  citizen.  The 
propriety  of  applying  to  foreign  courts  for  aid  and  acknow- 
ledgment, before  their  views  were  privately  and  accurately 
ascertained,  was,  at  this  period,  a  subject  of  great  discussion. 
Congress  had  given  broad  and  indiscriminating  directions  on 
this  head,  and  if  the  result  of  their  applications  should  go- 
vern us,  the  proceeding  must  be  considered,  as  by  no  means, 
injudicious.  From  Spain  and  Prussia  we  obtained  the  pro- 
mise of  assistance,  in  some  cases  actual  aid,  and  with  Hol- 
land we  succeeded  in  concluding  a  treaty  at  so  early  an  hour, 
as  to  compel  her  to  become  a  party  to  the  general  war. 
We  do  not  intend  to  intimate  that  this  contest  was  to  be 
waged  by  negotiation  alone.  As  to  that  matter,  the  opinion 
of  Mr.  Izard,  expressed  in  a  letter  of  December  1777,  is 
undoubtedly  correct.  "  The  establishment  of  our  liberties 
must  depend  on  our  own  exertions.  One  successful  battle 
will  gain  us  more  friends,  and  do  our  business  more  effectu- 
ally than  all  the  skill  of  the  ablest  negotiators."  But  in  all 
such  great  conflicts  that,  in  reality,  affect  the  interests  of  the 
civilized  world,  it  is  not  easy  to  separate  some  portion  of  ne- 
gotiation from  the  actual  fighting.  Aid  in  money  or  arms 
will  always  be  needed,  and  it  is  desirable  to  conciliate  the 
favourable  opinions  of  the  bystanders,  or,  at  the  least,  to  pre- 
vent them  from  joining  with  the  enemy.  Mr.  Adams  made, 
as  it  appears  to  us,  a  just  remark  on  this  subject,  in  a  letter 
written  in  April  1781.  "  America  has  been  too  long  silent  in 
Europe.     Her  cause  is  that  of  all  nations   and  all  men,  and 


RELATIONS   WITH   RUSSIA. 


U1 


)  deape- 

urC,  mot 
irg,  and 
in  the 
to  admit 
ines  ad- 
r,  but  to 
i\(  as  a 
!tly  at  a 
irticular- 
f).  The 
acknow- 
!curately 
scussion. 
stions  on 
;>uld   go- 

0  means, 
the  pro- 
ith  Hol- 
an  hour, 
Bral  war. 
ras  to  be 
i  opinion 
1777,  is 

liberties 
j1  battle 

1  effectu- 
ut  in  all 
ts  of  the 
)n  of  ne- 

or  arms 
liate  the 

to  prc- 
(is  made, 

a  letter 

silent  in 

nen,  and 


it  needs  nothing,  but  to  be  explained,  to  be  approved.  It 
was  no  dishonour  to  us  to  propose  a  treaty  to  France,  nor 
for  our  ministers  to  reside  more  than  a  year  there  without 
being  acknowledged.  On  the  contrary,  all  wise  men  applaud- 
ed the  measure,  and  I  am  confident,  the  world  will,  in  gene- 
ral, approve  an  application  to  the  maritime  powers.*'  It 
seems,  however,  that  Franklin  entertained  a  different  opi- 
nion. **  It  would  have  been  better,  if  we  had  never  issued 
commissions  to  the  courts  of  Spain,  Vienna,  Prussia,  Tusca- 
ny and  Holland,  till  we  had  first  privately  learnt  whether 
our  agents  would  have  been  received,  since  a  refusal  from 
one  is  an  actual  slight,  that  lessens  our  reputation,  and  make^ 
others  less  willing  to  form  connexions  with  us."  This  re- 
mark cannot  be  considered  altogether  just  or  appropriate, 
after  it  was  known  in  Europe,  that  France  had  formed  an 
alliance,  offensive  and  defensive,  with  the  colonics.  That 
single  acknowledgment  invested  us  with  a  full  right  to  make 
applications  to  other  courts. 

Mr.  Dana  was  well  recommended  to  the  Marquis  de  Ve- 
rac,  the  French  envoy  at  St.  Petersburg,  who  rendered  him 
essential  services,  and  who,  by  the  direction  of  his  court, 
communicated  all  the  proceedings  of  the  American  Congress 
to  the  Russian  government,  concerning  the  armed  neutrality. 
On  our  first  appearance  at  the  courts  of  Europe,  France 
acted  truly  the  part  of  a  friend  and  protector,  and  if  she  did 
not  succeed  in  obtaining  for  our  commissioners  a  diplomatic 
introduction,  her  ministers  were  ever  ready  to  assist  them 
with  counsel  and  to  remove  some  of  the  feeling  of  gloom  and 
depression  their  feeble,  solitary  situation  necessarily  inspired. 
It  is  idle  and  thoughtless  now  to  enquire  into  the  motives 
that  led  to  this  conduct ; — good  or  bad,  the  value  of  these 
kind  offices  was  not  the  less  sensibly  felt  at  the  time. 

Mr.  Dana  arrived  in  St.  Petersburg  in  September  1781, 
and,  without  delay,  communicated  his  commission  to  M.  de 
Verac  ;  but  he  received  from  this  minister,  an  accomplished, 
amiable  man,  little  encouragement  to  proceed  in  the  business 
of  his  mission.         .  .  .,..>. 

"  From  the  first  moment,  that  hostilities  took  place,"  said  M.  tie 


42B 


RRLATIONS    VTtTH    RUiSIA. 


.■;  .. 


Verne,  In  n  letter  of  Sept.  S,  1781,  "  this  Sovereign  has  made  it  a 
point  of  honour  to  hold  the  balance   perfectly  equal  between  the 
two  parties.     In  this  state  of  things,  it  is  very  doubtful,  whether 
the  minister  of  bur  Imperial  Majesty  would  consent  to  recognise 
the  minister  of  a  power  that,  in  her  eyes,  does  not  yet  possess  a 
politic  il  existence,  and  to  expose   herself  to  the  complaints,  that 
the  court  of  London  would  not  full  to  apply  to  a  mark  of  favour  so 
public.     I  must,  therefore,  beg  you  to  rctlect  carefully  on  the  sub< 
jcct  of  exhibiting  your  public  character.     I  do  not  now,  sir,  speak 
as  a  public  minister,  but  as  an  individual,  to  whom  a  residence  of 
twelve   months  has  given  a  knowledge  of  local  matters  impossible 
for  you  to  have  acquired.     If,  however, you  succeed  in  compassing 
the  first  dilficulty,  and  open  a  negotiation  with  the  Russian  minis-, 
ter,  and  will  do  me  the  honour  to  inform  me  of  the  circumstance, 
rust  assured  that   I  shall  very  v  'llingly  second  you  in  every  thing, 
that  relates  to  the  common  interest  of  the  two  countries.     Allow 
mc  to  add,   that  neither  Count  Panin  nor  Count  Ostermann  under* 
stand  English,  which  will   make  your  communications  with  those 
ministers  somewhat  diOicult.^' 

Not  being  altogether  satisfied  with  his  position,  Mr.  Dana 
intimated  to  M.  de  Verac,  that  he  had  determined  to  com- 
municate confidentially  to  the  Russian  Minister  of  Foreign 
Affairs  his  letter  of  credence,  accompanied  with  a  memorial'* 
on  the  state  of  the  colonies,  and  their  prospects.  But  he 
was  dissuaded  from  the  undertaking  on  the  ground,  that  the 
answers  of  Spain  and  France  to  the  proposed  mediation  were 
hourly  expected.  In  short,  all  Mr.  Dana\s  proposals  to  ad- 
dress himself  directly  to  the  Russian  government,  were  re-^ 
sisted  by  the  French  minister,  who  constantly  said  that  evcrj 
attempt  would  be  unavailing  till  a  peace. 

It  is  not  easy  to  explain  the  motives  of  the  diplomatists  of 
the  time  of  M.  de  Vergennes.  Much  of  the  old  system  of 
extreme,  apparent  secrecy  and  profoundness  still  remained. 
The  game  seems  to  have  been  made  as  complicated  as  pos- 
sible in  order  to  excite  greater  pleasure  in  those  who  play- 
ed.    To   accomplish  a  simple  operation  in   an  open,   direct 


*  This  memorial  was  afterwards  sent. 


.t,l?  m'>M^i  •» 


BBLATIONI    WITH    IIUtSIA. 


42& 


lade  it  ■ 
reen  the 
whether 
ecognise 
losieHH  a 
ints,  that 
favour  to 
the  tub* 
ir,  speak 
idence  of 
n  possible 
mpassing 
nn  minis- 
imslnncef 
iry  thing, 
1.     Allow 
in  under- 
rith  those 

^r.  Dana 
to  corn- 
Foreign 
emorial* 

But  he 
that  the 
ion  were 

s  to  ad- 
were  re- 
lat  everj 

latists  of 
stem  of 

emaincd. 
as  pos- 

ho  play- 
direct 


i^ 


I  *» 


waj,  was  accounted  an  instance  of  conscript  awkwardness 
and  imbecility.  The  press  has  destroyed  diplomacy.  No 
state  secrets  can  be  concealed  from  the  editors  of  newspa- 
pers, nor  can  the  influence  of  that  agent,  when  once  fairly 
established,  be  resisted  or  controlled  by  any  other  power. 
Armies,  navies,  inquisitions,  bastilles,  gendarmeries,  make  a 
formidable  figure  in  history,  but  they  possess  little  of  that 
elastic,  ceaseless,  instantaneous,  penetrating  and  universal  in- 
fluence and  authority,  that  belongs  to  the  press,  the  roost  ex" 
traordinary  instrument  of  power  yet  known  in  the  moral  or 
physical  world,  reproducing  itself  at  every  moment,  in  every 
shape  and  in  every  place,  endowed  with  immortal  youth  and 
life,  incapable  either  of  permanent  abuse  or  corruption,  be- 
cause containing  within  its  own  bosom  the  certain  and  entire 
cure  and  remedy  of  its  own  diseases.  An  Italian  minister  in 
London,  in  1763,  took  all  the  morning  public  prints,  and 
very  carefully  and  industriously  extracted,  and  sent  to  his 
own  court,  every  article  of  an  amusing  or  instructive  descrip- 
tion, always  beginning  his  despatches,  <*  I  have  found  out," 

France,  very  soon  after  she  plunged  into  this  war  with 
England,  appeared  to  have  become  heartily  tired  of  it.  She 
made  one  direct  effort  to  obtain  a  peace,  and  finally,  by  the 
acknowledgment  of  her  own  statesmen,  put  an  end  to  the 
war  in  a  hasty  manner.  She  might  have  been,  therefore, 
apprehensive  that  if  America  succeeded  in  procuring  assist- 
ance or  countenance  from  Russia,  she  would  be  disposed  to 
hold  out  longer  for  better  terms,  or  France  might  have  been 
unwilling  to  share  with  any  other  nation  the  commercial  ad- 
vantage expected  from  a  monopoly  of  American  trade.  It 
seems,  also,  to  have  been  the  opinion  of  Mr.  Dana  that  his 
Christian  Majesty  did  not  stand  well  at  the  court  of  the  em- 
press. 

"  The  Russian  ministers  are  in  general  anti-Gallicans,  and  have 
since  the  exit  of  Count  Panin  sought  to  divide  or  lessen  the  ene- 
mies of  Great  Britain.  Hence  the  most  extraordinary  proceedings 
to  bring,  or  rather  to  drive  the  United  Provinces  into  a  separate 
peace  with  England,  (which  have  not  yet  ceased)  and  hence,  also, 


430 


RELATIONS  WITH  RUSSIA. 


V 


the  patient  acquieiicence  in  her  attempt  to  niake  a  particalar  peace 
with  the  United  States,  though  repugnant  to  the  propositions  of 
the  mediating  Courts.  I  believe  they  would  have  been  well  pleaso 
ed,  not  only  that  their  partial  mediation  between  Holland  and 
Great  Britain  had  succeeded,  but  that  the  United  States,  as  an  in> 
dependent  nation,  had  made  their  own  peace  with  Great  Britain 
and  left  her  to  contend  with  the  House  of  Bourbon  alone."* 

In  the  mean  time,  Mr.  Dana  remained  in  St.  Petersburg, 
entirely  guided  in  his  steps  by  the  counsels  of  M.  de  Verac. 
But  having  heard,  first,  of  the  signing  of  the  preliminary, 
and,  then,  of  the  definitive  articles,  he  communicated  in  Feb. 
1783,  a  copy  of  his  commission  to  Count  Ostermann,  accom- 
panied by  the  following  letter  :         ,      ,     ».    ,,_,.,  r^jv. >,-,«.» 

"  I  have  the  honour  to  inform  your  Excellency,  that  the  United 
States  of  America,  in  Congress  assembled,  have  thought  fit  to  ap' 
point  a  minister  to  reside  near  her  Majesty,  the  Empress  of  all  the 
Kussias,  and  have  furnished  me  with  a  letter  of  credence  for  that 
purpose.  Convinced  of  the  justice  of  their  cause,  and  confiding 
entirely  in  that  exact  neutrality,  which  her  Imperial  Majesty  had 
been  pleased  to  declare,  with  a  dignity,  becoming  her  character, 
she  should  make  the  invariable  rule  of  her  conduct,  unless  com- 
pelled to  depart  from  it  in  maintenance  of  the  rights  of  the  Impe- 
rial Crown,  and  of  her  subjects — the  Congress,  my  Sovereigns^ 
have  expressly  commanded  me  to  delay  the  communication  of  my 
mission,  till  the  course  of  events  should  prepare  the  way  for  it, 
without  the  least  infraction  upon  the  system  adopted  by  her  Impe- 
rial Majesty,  by  which  she  has  acquired  so  much  glory  to  herself. 
In  the  sentiment  that  that  moment  h.is  now  arrived,  I  take  the 
liberty  to  request  the  honour  of  an  audience  of  your  Excellency,  to 
the  end,  that  I  might  present  to  you  a  copy  of  my  letter  of  crer 
dence  to  her  Imperial  Majesty."  ,  .  .  .  .    j  .  *    .,  ...      1„.„  ..^ 

.>  To  this  letter  no  attention  having  been  paid,  he  addressed 
to  the  same  department  a  copy  of  it  in  the  following  April. 
Shortly  after  this  second  application,  Mr.  Dana  received  an 
invitation  from  the  Vice  Chancellor,  requesting  his  attend- 
ance at  the  office.      At  this  interview  he  was  informed  that 


.j^ 


*  Letter  of  Mr.  Dana,  of  Oct.  14,  1782. 


1 M . 


•! 


lar  peace 
iilions  of 
ell  pleas'- 
land  and 
as  an  In* 
it  Britain 

ftKft 

ersburgf 
J  Verac. 
iminary, 
I  in  Feb. 
,  accom^ 

e  United 
(it  to  np-' 
of  nil  the 
for  tltnt 
confiding 
jesty  had 
hnracterf 
ess  com- 
be Impe- 
vereignSf 
on  of  my 
for  it, 
er  Impe- 

herself. 

take  the 

lency,  to 

of  cre- 

dressed 
April, 
ived  an 
attend- 
ed  that 


DELATIONS   WITH   BUSSIA< 


431 


both  letters  had  been  presented  to  the  Empress,  but  she  de« 
dined  to  receive  him,  till  the  Definitive  Treaty  was  ratified. 
The  Empress,  also,  observed,  that  as  his  letter  of  credence 
had  been  signed  before  the  acknowledgment  of  independ- 
ence by  Great  Britain,  another  instrument,  prepared  in  due 
form,  since  that  event,  had  become  necessary,  and  that  she, 
also,  thought  proper  to  wait  till  Great  Britain  had  given  the 
example  of  receiving  a  minister  from  the  United  States. 
These  terms,  hastily  proposed,  and  probably  without  refer- 
ence to  their  application, — rather  for  the  sake  of  excusing 
themselves  to  Mr.  Dana  than  in  the  way  of  argument,  were 
really  more  severe  than  England  herself  exacted.  They 
amounted  to  this,  strike  off  seven  years  of  your  independ- 
ence, confess  that  you  owe  your  independence  to  the  English 
acknowledgment — annul  all  acts  of  sovereignty  prior  to  that 
time — all  commissioners  and  ministers — treaties  with  France 
and  Holland— -and  then  you  will  be  in  a  condition  to  pre- 
sent yourself  at  the  Court  of  St.  Petersburg.  But  the 
mother  country  treated  with  us  in  all  formality  before  she 
had  acknowledged  our  independence. 

Mr.  Dana  having  passed  nearly  a  3'ear  in  Russia,  never 
having  been  presented  at  Court,  and  not  seeing  the  least 
prospect  of  attaining  a  single  object  of  his  mission,  left  St. 
Petersburg  in  August  1783,  for  the  United  States.  It  was 
a  long  interval  before  that  Court  was  again  visited  by  an 
American  minister. 

Russia  doe^  not  seem,  at  that  time,  to  have  been  much 
disposed  to  acknowledge  the  independence  of  the  United 
States,  or  to  take  any  measures  that  should  bring  the  war  to 
a  close.  It  appears  to  have  been  her  policy  to  weaken 
France  and  England,  on  account  of  the  ambitious  designs 
<!!atharine  had  on  Poland,  and  to  render  them  incapable  of 
counteracting  her  projects  concerning  the  Turks.  Mr.  Dana 
in  a  letter,  dated  April  '82,  observes  that  the  acknowledg- 
ment of  the  independence  by  the  United  Provinces  was  ill 
received  at  St.  Petersburg  ;  and  Franklin  relates  an  amusing 
story  of  the  Count  du  Nord,  afterwards  the  Emperor  Paul, 


'^> 


432 


RELATIONS   WITH   RUSSIA. 


that  aflfords  some  illustration  of  the  views  of  the  empress, 
though  an  affair  of  mere  etiquette  : 

"  The  Compte  Hn  Nortl,  who  is  son  of  the  empress  of  Russia,  oft 
arriving  at  Paris,  ordered,  it  seems,  cnrds  of  visit  to  be  sent  to  all  the 
foreig^ti  ministers.  One  of  them,  on  which  was  written,  Le  Compte 
du  Nord  et  le  Prince  Bariatinski,  was  brought  to  me.  It  was  on  Mon- 
day evening  last.  Being  at  court  the  next  day,  I  enquired  of  an  old 
minister,  my  friend,  wh-^t  was  the  etiquette,  and  whether  the  Compte 
received  visits.'  The  answer  was,  JSTon^  onsefnit  €crire.  Violh  tout. 
This  is  done  here  by  passing  the  door,  and  ordering'your  name  to 
be  written  in  the  porter's  book.  Accordingly,  on  Wednesday,  I 
passed  the  house  of  prince  Bariatinski,  ambassador  of  Russia,  where 
the  Compte  lodged,  and  left  my  name  on  the  list  of  each.  1  thought 
no  more  of  the  matter.  But  tliis  day.  May  24,  comes  the  servant 
who  brought  the  card,  and  in  a  great  affliction,  saying  he  was  like 
to  be  ruined  liy  his  mistake  in  bringing  the  card  here,  and  ivishing 
to  obtain  from  me  some  paper,  of  i  know  not  what  kind,  for  I  did 
not  see  him.  In  the  afternoon  came  my  friend,  M.  le  Roy,  who  is, 
also,  a  friend  of  the  prince's,  telling  me  how  much  he,  the  prince, 
was  concerned  at  the  accident, — that  both  himself,  and  the  Compte 
had  great  personal  regard  for  me  and  my  character,  but  that  our  in- 
dependence  not  yet  being  acknowledged  by  the  court  of  Russia,  it 
was  impossible  for  him  to  permit  himself  to  make  me  a  visit  as  a 
minister.  I  told  M.  le  Roy,  it  was  not  my  custom  to  seek  such  ho- 
nours, though  \  was  very  sensible  of  them,  when  conferred  on  me; 
that  I  should  not  have  voluntarily  intruded  a  visit,  and  that  in  this 
Ciise  I  had  only  done  what,  I  was  informed,  the  etiquette  required 
of  me.  But  if  it  would  be  attended  with  any  inconvenience  to 
prince  Bariatinski,  whom  I  much  esteemed  and  respected,  I  thought 
the  remedy  was  easy, — he  had  only  to  erase  my  name  out  of  his 
book  of  visits  received,  and  I  would  burn  their  card."  .. 

%,  Peace  having  been  made  with  England,  Congress  discov- 
ered at  once,  that  they  were  about  to  be  entangled  in  a 
troublesome  alliance,  likely  to  lead  to  fresh  quarrels.*    The 


'.  .    w:  ,       ^  ,,  g^    PETEnsBuno,  13th  June  1783, 

"Hon.  R.  R.  liiviiigston,  Sec'y.  Foreign  Affairs. 

"The  flag  of  tlie  United  States  is  now  displayed  at  Riga,  upon  a 
ship  of  5U0  tons,  commanded  by  a  Captain  McNiuU  bclon!,'ing  to  Mas- 


empress, 

Russia,  on 
t  to  all  the 
e  Compte 
18  on  Mon- 
1  of  ao  old 
le  Compte 
Violh  tout. 
ir  name  to 
Inesday,  I 
»ia,  where 

1  thought 
le  servant 
e  was  like 
id  wishing 
,  for  I  did 
ly,  who  ia, 
he  prince, 
le  Compte 
lat  our  in- 
'  Russia,  it 

visit  as  a 
i.  such  ho- 
cd  on  me ; 
liat  in  this 

required 
tnience  to 

I  thought 
Dut  uf  his 

IS  discov- 
;led  in  a 
b,*     The 


1783. 


>i 


^a,  upon  a 
ig  tu  Mas- 


AELATIOMS|    WITH   RUSSIA. 


433 


project  of  a  Russian  treaty,  and  of  acceding  to  the  armed 
neutrality,  were  soon  brought  under  consideration.  The 
country-  had  just  accomplished  its  own  independence,  but  it 
was  not  at  all  in  a  condition  to  enter  into  other  wars,  and 
though  the  doctrines  of  the  northern  league  were  cheerfully 
and  readily  adopted,  the  nation  was  not  prepared  to  defend 
them  by  force  of  arms.  It  is  true,  all  the  powers  of  Europe 
were  opposed  in  this  business  to  Great  Britain,  and  if  cir- 
cumstances had  compelled  the  parties  to  proceed  to  hostili- 
ties,  the  U.  States  could  hardly  have  expected  much  share 
in  it,  or  much  disaster  or  disgrace.  Not  only  America  re* 
quired  a  long  rest  at  this  moment  ;  but  the  prospect  of  a 
general  war,  from  which  she  should  be  exempted,  gave  her 
hopes  of  immediately  appropriating  to  herself  a  valuable  and 
profitable  commerce.  She  appeared  even  then  to  be  enter- 
ing upon  that  career,  which,  in  the  c^  rse  of  fifteen  years, 
was  developed  to  her  view,  and  that  laid  the  foundation  of 
her  present  great  wealth  with  such  rapidity  and  solidity. 
The  continental  Congress  created  lor  the  sole  purposes  of 
war,  and  that  had  governed  the  country  only  during  a  war, 
was  at  that  early  hour  deeply  impressed  with  the  necessity 
and  wisdom  of  neutrality.  The  advantages  of  the  remote 
and  peculiar  situation  of  this  continent  were  not  unheeded  ; 
the  habits  of  the  people  were  commercial ;  there  were  then 
no  manufactories,  and  some  of  those  articles,  that  have  since 
become  the  staples  of  the  country,  were  either  unknown  or 
little  cultivated,  having  been  discouraged  by  the  colonial 
system  of  the  mother  country.  With  the  great  extent  of 
sea  coast,  and  materials  for  ship  building,  the  government 
readily  perceived  the  remarkable  benefits  the  Americans 
would  derive  from  becoming  the  carriers  of  the  old  world  ; 
they  looked  to  commerce  not  only  to  enrich  the  nation,  but 
to  pay  the  debts  of  the  war. 

sachusetts,  who  anived  there  on  the  1st  inst.  from  Lisbon  with  salt, 
an  article  permitted  in  that  port  though  prohibited  here.  This  is  the 
only  arrival  of  any  American  v<  s^cl  for  any  part  of  this  empire. 

"FRANCIS  DANA." 

VOL.    I.  65 


434 


RELATIONS    WITH    RUSSIA. 


The  subject  of  neutrality  was  discussed  with  attention  and 
anxiety  by  Congress,  during  the  spring  and  summer  of  '83, 
before  it  was  known  in  America  that  the  armed  neutrality 
had  been  dissolved  on  the  restoration  of  a  general  peace* 
The  votes  and  resolutions  only  remain  to  us,  but  the  outlines 
of  the  system,  adopted  by  the  first  administration  under  the 
Federal  constitution,  and  which  has  rendered  it  equally  illuii* 
trious  and  worthy  of  all  imitation,  are  at  that  period  quite  per- 
ceptible. The  fame,  perhaps,  of  that  administration  does  not 
80  much  rest  on  having  been  the  author  of  a  system  of  neu- 
trality, as  having  maintained  it  during  a  season  of  unexam- 
pled trial  and  most  unexpected  difficulties.  The  policy  be- 
longs to  the  geographical  situation  of  the  country,  to  the  form 
and  character  of  the  government ;  and  the  necessity  and  utili- 
ty of  it  were  as  much  felt  in  the  confederation,  as  they  have 
since  been.  We  find,  for  example,  as  early  as  May  '83,  the 
following  resolution  adopted  by  Congress  :  "  That  though 
Congress  approve  the  principles  of  the  armed  neutrality, 
founded  on  the  liberal  basis  of  a  maintenance  of  the  rights  of 
neutral  nations,  and  of  the  privileges  of  commerce,  yet  they 
are  unwilling  at  this  juncture  to  become  a  party  to  a  con- 
federacy, which  may  hereafter  too  far  complicate  the  inter- 
ests of  the  United  States  with  the  politics  of  Europe,  and, 
therefore,  if  such  a  progress  is  not  yet  made  in  this  business 
as  to  make  it  dishonourable  to  recede,  it  is  their  desire  thnt 
no  further  measures  may  be  taken  at  present  towards  i  ? 
admission  of  the  United  States  into  that  confederacy."  A 
resolution,  which  is  in  reality  the  foundation  of  the  whole 
policy  of  the  United  States  from  that  day  to  the  present. 
Mr.  Dana  had  not  entered  into  any  arrangements,  that  could 
at  all  involve  the  United  States ;  for  he  had  never  been  in- 
vited to  accede  to  that  convention.  But  when  peace  was 
concluded  with  England,  as  it  was  not  precisely  known  what 
stipulations  he  might  have  made  with  Russia,  some  anxiety 
was  felt,  lest  the  faith  of  the  United  States  might  be  pledged. 
The  general  peace,  however,  entirely  released  America  from 
the  difficulties  and  dangers  of  this  situation,  for  the  "  neu- 
trality" expired  with  the  war.     Though  the   northern  con- 


ABLATIONS    WITH    RUSSIA. 


435 


intioD  and 
r  of  '83, 
neutrality 
al  peace* 
e  outlines 
inder  the 
I  ally  illuS- 
quite  per- 
1  does  not 
01  of  neu- 
unexam- 
lolicy  be- 
)  the  form 
r  and  utili- 
they  have 
y '83,  the 
at  though 
leutrality, 
3  rights  of 
yet  they 
to  a  con- 
the  inter- 
ope,  and, 
5  business 
lesire  thnt 
vards  i  ? 
act/."     A 
he  whole 
'■  present, 
hat  could 
been  in- 
eace  was 
)vvn  what 
3  anxiety 
pledged, 
rica  from 
le  "  neu- 
lern  con- 


federacy had  been  dissolved,  a  considerable  degree  of  unea- 
siness still  prevailed  on  the  same  subject,  particularly  in  the 
government  of  the  United  Provinces.  That  government  was 
desirous  of  forming  another  coalition,  and  propositions  to  that 
effect  were  made  to  the  American  ministers  at  Paris.  The 
United  States,  having  escaped  from  the  embarrassments  of 
one  league,  though,  as  it  turned  out,  no  ill  could  have  be- 
fallen them  under  any  circumstances,  took  the  first  opportu- 
nity to  give  instructions  on  that  head  to  their  ministers  in 
Europe,  and  to  repeat,  in  a  decided  manner,  their  sense  of 
the  propriety  of  a  perfect  neutrality  : 

*'  Whereas  the  primary  object  of  the  resolution  of  October  5th, 
1780,  and  of  the  commission  and  instructions  to  Mr.  Dana  relative 
to  the  accession  of  the  United  States  to  the  neutral  confederacy,  no 
longer  can  operate  ;  and  as  ihe  true  interest  of  these  states  requires 
that  they  should  be  as  little  as  possible  entangled  in  the  politics 
and  controversies  of  European  nations,  it  is  inexpedient  to  renew 
the  said  powers  either  to  Mr.  Dan.-.,  or  to  the  other  ministers  of 
these  United  States,  in  Europe;  but,  inasmuch  as  the  liberal  prin- 
ciples, on  which  the  said  confederacy  was  established,  are  conceiv- 
ed to  be  in  general  favourable  to  the  interests  of  nations,  and  par- 
ticularly to  those  of  the  United  Stales,  and  ought  in  that  view  to 
be  promoted  by  the  latter,  as  far  as  will  consist  with  their  funda- 
mental policy, — Resolved,  that  the  ministers  plenipotentiary  of 
these  United  States,  for  negotiating  a  peace,  be,  and  they  are  here- 
by instructed,  in  case  they  should  comprise  in  the  definitive  trea- 
ty, any  stipulations  amounting  to  a  recognition  of  the  rights  of 
neutral  nations,  to  avoid  accompanying  than,  by  any  engagements^ 
vthich  shall  oblige  the  contracting  parlies  to  support  those  stipulations 
by  arms.^^  .,,;...., 

This  country  has  no  complaints  to  make  against  Russia  for 
oppressions  on  its  trade  in  Europe.  In  regard  to  commerce, 
however,  and  the  rights  of  neutrals,  the  interest  of  Russia  is 
much  the  same  as  that  of  America.  We  have  always  seen 
Russia  take  a  principal  part  in  all  the  loasrues,  or  conventions, 
for  the  protection  of  neutral  trade  and  navigation.  She  de- 
pends principally  upon  the  commerce  of  other  nations  for  a 
supply  of  colonial,  and  other  foreign  articles,  and  for  the  ex- 


436 


RELATIONS    WITH    RUSSIA. 


portation  of  the  vast  quantity  of  raw  materials,  produced  by 
her.  She  has  been  an  advocate,  in  time  of  war,  for  the 
greatest  possible  indulgence  and  relaxation  in  regard  to  neu- 
trals.  The    commercial   intercourse  of  Russia  and   the 

United  States  first  led  to  an  exchange  of  ministers.  This 
government  having  received  an  intimation  that  the  court  of 
St.  Petersburg  was  desirous  of  instituting  a  diplomatic  con- 
nexion, appointed,  in  June  1809,  Mr.  John  Quincy  Adams, 
minister  plenipotentiary  to  Russia,  a  courtesy  soon  after  ac- 
knowledged by  the  arrival,  in  this  country,  of  count  Pahlen, 
a  minister  of  equal  rank.  No  other  minister  was  appointed, 
on  the  part  of  the  United  States,  before  Mr.  Bayard,  after 
the  peace  of  Ghent  with  England,  but  Russia  was  represent- 
ed here  by  M.  de  Daschkoff,  as  envoy  extraordinary  and 
minister  plenipotentiary. 

In  1813,  Russia  oflered  her  mediation  in  a  friendly  man- 
ner, to  procure  a  peace  between  the  United  States  and 
Great  Britain.  She  was  at  that  time  closely  leagued  with 
England  in  the  last  and  sixth  celebrated  coalition  against 
France.  Notwithstanding  this  circumstance, the  trade  of  the 
Baltic  was  exceedingly  embarrassed,  and,  in  the  language  of 
M.  de  Daschkoff,  "  his  imperial  majesty  saw,  with  infinite  re- 
gret, the  great  shackles  which  this  new  episode  (war  of  1812) 
is  about  to  oppose  to  the  commercial  prosperity  of  nations." 
"  The  peace  of  Russia  with  England,  seemed  to  present  this 
immense  advantage  to  the  commerce  of  nearly  all  sea  faring 
people,  that  it  freed  their  relations  from  that  constraint,  from 
that  continual  vexation,  to  which  it  had  been  subjected  for 
many  years  without  interruption."  The  mediation,  as  has 
been  said,  was  declined  by  Great  Britain. 


•■> 


■«»^-_i 


■■'M\  ■y-'Kt'f'^X 


■'.'■'•''  .i-i 


i»« »;»#/>'      (       437       )      T »  *ni 


'Xl^ 


luoed  by 
,  for  the 
]  to  neu- 

and  the 
s.     This 

court  of 
latic  con- 
f  Adams, 
after  ac- 
t  Pahlen, 
ppointed, 
ird,  after 
epresent- 
nary  and 

idly  man- 

tates  and 

ued  with 

n  against 

ide  of  the 

nguage  of 

ifinite  re- 

of 1812) 

nations." 

sent  this 

ea  faring 

int,  from 

cted  for 

as  has 

T      ■ 

-)  ,1 


gti}  ■pcsij<-?-.i^<.j   t'i-^f^''. 


-it 


■  i:\'%  ,  h- 


'••  -'f-  .1  ,■' 


■    ^1  I   '■;:,; 


It  ;.■•!» 


-  '      CHAPTER    XII. 
RELATIONS  AND  TREATY  OF  1827  WITH  DENMARK. 

JVo  diplomatic  intercourse — Letter  of  Rosencrone  to  Franklin — John 
Paul  Jones  sent  to  Copenhagen — Erving  sent  to  Denmark  in  1811 
— .Account  of  spoliations — French  and  Danish  privateers — Captures 
— Convoy  cases — JVea>  aggression  on  neutral  rights — Remarks  on 
that  subject — None  of  the  condemnations  of  1809,  1810,  revised 
— Convoy  cases  not  restored — Erving  leaves  Copenhagen — Treaty  of 
1826 — Provisions — Wheaton  charge  to  Copenhagen — Settles  the 
Claim.        .  .  -  .:■  i.-'T 

America  has  never  had  a  regular  diplomatic  intercourse 
with  Denmark  ;  though  some  vexatious  circumstances,  that 
at  first  excited  great  uneasiness,  made  it  necessary  to  send, 
in  1811,  a  special  commissioner  to  that  country.^  Den- 
mark has  been  celebrated  for  her  defence  of  the  rights  of 
neutrals,  and  she  has  taken  an  active  part  in  the  leagues  that 
have  been  formed  for  that  purpose.  Though  the  Danish 
navy  has  never  been  great,  the  peculiar  situation  cf  that 
country,  at  the   mouth  of  the  Baltic,  if  it  has  not  given  her 

*  Denmark  has  had  diplomatic  agents  in  tliis  country,  embracing, 
however,  we  believe,  also,  a  commercial  character.  In  1801,  Mr. 
Blicher  Olsen  was  minister  resident  and  consul  general ;  in  1803,  Mr. 
Peter  Pedersen  was  a  charg^,  also,  with  commercial  functions,  and  lat- 
terly the  same  individual  has  become  a  minister  resident  and  consul 
general.  A  "  minister  resident"  is  usually  considered  as  of  the  third 
order  of  diplomatic  functionaries,  though,  never  having  seen  any  of 
the  powers  or  credential  letters,  with  which  the  Danish  agents  are 
invested,  we  are  not  precisely  aware  of  the  nature  of  their  commis- 
sion, though,  we  believe,  it  does  not  extend  to  what  is  usually  called 
negotiation  ; — beyond  the  making  or  receiving  certain  official  commu- 
nications. On  the  subject  of  consuls,  all  necessary  information  will, 
we  believe,  be  found  in  the  work  on  consular  establishments,  of  Mr. 
D.  B.  Warden,  late  consul  general  of  the  United  States  at  Paris.  ''' 


438 


RELATIONS    WITH    DENMARK. 


the  control,  has,  at  least,  put  it  in  her  power  to  harass  the 
trade  bound  to  the  territories,  bordering  on  those  waters. 
Having  possession  of  the  passes  or  straits,  that  connect  the 
Baltic  and  German  se  Mj  Denmark  has  asserted  pretensions, 
not  easily  justified  by  the  laws  of  nations,  though  conse- 
crated by  a  very  ancient  custom.  But  her  general  treat- 
ment of  neutral  commerce  has  not  been  oppressive,  though 
the  United  States  have,  undoubtedly,  had  cause  to  complain ; 
—Danish  and  French  privateers  have  committed  acts  of  un- 
warrantable aggression  on  our  commerce;  unjust  condemna- 
tions have  taken  place  in  her  tribunals,  and  our  seamen  have 
been  treated  in  a  tyrannical  way  in  her  ports.  On  the  other 
hand,  few  of  the  powers  of  Europe  have  been  in  a  condition 
so  weak  and  precarious,  during  the  wars  of  the  French  re- 
volution ;  accessible  to  the  English  by  water,  and  to  the 
French  by  land,  the  capital  of  Denmark  has  been  twice  taken 
by  one  belligerent  within  the  century,  and  her  whole  fleet 
carried  to  England.  Her  territory  and  inlands  being  occu- 
pied by  French  troops,  Denmark  was  forced  at  r.n  early  hour 
into  the  continental  system,  which  she  executed  with  un- 
common rigour  ;  and  in  the  autumn  of  1807,  England  de- 
clared a  war  against  her,  that  did  not  terminate  till  the  treaty 
of  Kiel,  of  1814.  Denmark  was  neither  in  a  state  to  resist 
singly  either  of  the  belligerents,  nor  did  her  situation  at  the 
mouth  of  the  sound  make  it  possible  for  her  to  preserve  even 
the  appearance  of  neutrality.  The  government  was  com- 
pelled to  take  side  with  France,  both  from  the  superiority 
of  the  French  armies,  and  because  the  allies  refused  peace 
to  the  crown  prince  on  any  other  terms  than  the  transfer  of 
Norway  to  Sweden. 

Before  speaking  of  the  grievances,  suffered  by  this  coun- 
try during  the  continental  system,  we  shall  take  an  oppor- 
tunity to  introduce  a  letter  written  in  1783,  by  the  Danish 
minister  Rosencrone  on  the  subject  of  a  commercial  conven- 
tion, chiefly  on  account  of  the  importance,  that  justly  belongs 
to  all  the  diplomatic  events  of  that  period  in  which  America 
was  engaged.  In  '82  and  '83  a  brief  conversation  took  place 
between  Dr.  Franklin  and  M.  de  VValsterstorfT,  a  diplomatic 


irass  the 
i  waters, 
meet  the 
tensions, 
h  conse- 
al  treat- 
»,  though 
oinplain ; 
its  of  un- 
)ndemna- 
nen  have 
the  other 
condition 
rench  re- 
id  to  the 
ice  taken 
hole  fleet 
ing  occii- 
(arly  hour 
with  un- 
gland  de- 
[he  treaty 
i  to  resist 
on  at  the 
srve  even 
/as   coin- 
iperiority 
ed  peace 
'ansfer  of 

lis  coun< 
n  oppor* 

Danish 
conven- 

belongs 
America 
>ok  place 
plomatip 


RELATIONS    WITH     DENMARK. 


439 


agent  of  Denmark  at  Paris,  concerning  a  treaty  of  commerce, 
and  at  the  request  of  the  latter,  a  copy  of  the  usual  draught 
was  sent  by  the  American  envoy  to  the  minister  at  Copen- 
hagen.    In  reply,  he  wrote,  as  follows,  to  the  agent  at  Paris : 

"Copenhagen,  Feb.  22,  '83. — As  I  know  yon  are  on  the  point  of 
making  a  tour  to  France,  I  cannot  omit  warmly  recommending  to 
yon  to  endeavour  during  your  stay  at  Paris,  to  gain,  as  much  as 
possible,  the  esteem  and  confidence  of  Dr.  Franklin.  You  will 
recollect  what  I  said  in  my  conversations  with  you  of  the  high  re- 
spect nil  the  king's  niinistry  have  for  that  n)inister.  You  have 
witnessed  the  satisfaction,  wiih  which  we  have  learned  the  glori- 
ous issue  of  this  war  for  the  United  States,  and  how  fully  we  are 
persuaded  that  it  will  be  for  the  general  interest  of  the  two  states 
to  form,  as  soon  as  possible,  reciprocal  conventions  of  commerce 
and  friendship.  Nothing  certainly  would  be  more  agreeable  to  us 
than  to  learn  by  your  letters  that  you  iiiid  the  same  dispositions  in 
Dr.  Franklin,  and  in  that  case  it  seems  tn  me  that  the  shortest  mode 
of  accelerating  these  new  connexions  would  be  to  take  the  treaty 
between  the  Congress  and  the  States  General  for  the  basis,  and 
that  Mr.  Franklin  should  communicate  his  ideas  on  the  changes  or 
additions,  which  he  thought  reciprocally  useful  in  the  treaty  of 
commerce  Congress  migiit  conclude  with  us."  i  .      >    ,•    . 

Franklin  transmitted  a  copy  of  this  letter  to  the  President, 
and  speedily  received  information  that  Congress  would  un- 
doubtedly empower  some  one  to  make  the  treaty. 

"November  1783" — Dr.  Franklin  writes — "the  conclu- 
sion of  the  Danish  treaty  waits  only  for  the  commission  and 
instructions  from  Congress."  The  negotiation,  however, 
appears  to  have  failed  in  consequence  of  the  seizure  by  Den- 
mark of  three  prizes,  carried  by  the  Americans  into  Bergen 
in  Norway.  And  it  was  for  the  purpose  of  settling  this 
claim  of  the  Americans  that  John  Paul  Jones  was  despatch- 
ed in  February  1788,  to  Copenhagen. 

The  vexations,  of  which  this  country  had  to  complain, 
took  place  from  1809  to  1812.  They  were  the  conse- 
quences of  the  political  situation  of  Denmark  ;  openly  at 
war  with  England,  forced  to  adopt  the  continental  system,  to 
admit  French  troops  into  her  territories  and    French  priva- 


440 


RELATIONS    WITH     DENMARK. 


teers  into  her  ports.  The  government,  however,  still  re- 
mained entirely  sovereign,  and  to  all  appearances  independ- 
ent.  In  consequence,  the  claim  of  the  United  States  was, 
immediately  on  the  Danish  government,  for  injuries  committed 
by  her  subjects,  and  the  subjects  of  her  ally,  apparently 
within  her  control.  The  principle  of  this  demand  differed 
from  that  of  the  Neapolitan  and  Netherlands  ;  for  in  those 
cases,  the  depredations  were  confessedly  committed  by  the 
new  French  dynasties, — but  the  original  governments,  hav- 
ing been  restored,  assumed  in  principle,  the  debts,  as  well  as 
the  power  and  revenues  of  the  revolutionary  ones. 

The  United  States,  having  no  diplomatic  agent  in  any  part 
of  the  Danish  dominions,  George  W.  Erving  was  sent,  in 
1811,  special  minister  to  Copenhagen,  for  the  purpose  of 
asserting  the  claims  of  the  government,  and  of  obtaining  a 
discontinuance  of  the  irregular  proceedings  of  the  French 
and  Danish  privateers.  He  received  his  audience  from  the 
minister  of  state,  M.  de  Rosenkrantz,  in  .Tune  of  the  same 
year.  During  1809  and  10,  it  appears,  that  160  American 
vessels  had  been  captured  by  the  Danes  ;  and  in  the  subse- 
quent years,  there  had  been  numerous  captures  by  French 
privateers.  In  general  these  vessels  had  valuable  cargoes. 
Of  the  captures,  42  had  been  condemned  ;  and  of  the  con- 
demned, 16  were  cases  that  had  either  violated  the  laws  of 
the  United  States,  such  as  the  embargo  and  nonintercourse, 
or  had  forged  certificates  of  origin,  or  in  other  respects  were 
not  legitimate.  Many  of  these  vessels  were  carried  into 
Christiansand,  in  Norway.  A  principal  item  in  the  captures 
was,  wha<;  has  been  called  the  convoy  cases.  We  are  not 
aware,  that  similar  violations  cf  the  neutral  rights  of  this 
country  have  ever  before  occurred  ;  and  as  they  affect  an 
important  provision  of  the  laws  of  nations,  we  shall  give  an 
account  of  this  business,  and  the  representation  concerning 
it,  in  Mr.  Erving's  own  words  : 

"  With  my  note  of  yesterday,  I  transmitted  to  your  excellency  a 
list  of  the  "convoy  cases,"  twelve  in  number;  the  two  last  in  that 
list  are  now  depending  on  appeal  before  the  high  court,  as  is  men- 
tioned in  a  memorandum  opposite  to  their  v.aajes ;  the  first  eight 


' .  t 


still  re- 
depend- 
tes  was, 
inmitted 
parently 
differed 
in  those 
by  the 
ts,  hav- 
i  well  as 

any  part 
sent,  in 
irpose  of 
taining  a 
I  French 
from  the 
the  same 
American 
le  subse- 
f  French 
cargoes, 
the  con- 
laws  of 
"rcourse, 
cts  were 
'ied  into 
captures 
are  not 
of  this 
ffect  an 
give  an 
ncerning 

ellency  a 
ist  in  (hilt 
IS  is  men- 
irst  eight 


RELATIONS   WITH    DENMARK. 


441 


vessels  of  the  remaining  ten  were  bound  immediately  from  Pctcn* 
burg  and  Cronstadt  to  the  United  States  ;  they  had  all  paid  their 
sound  dues,  and  several  of  lliem  had  been  examined  before  the 
Danish  marine  tribunals,  on  entering  the  Baltic  ;  and  they  were 
all  arrested,  in  going  out,  by  a  British  force,  and  compelled  to  join 
convoy.  When  that  convoy  was  nttiickcd  by  his  Majesty's  gun 
brigs,  the  Americans,  not  conscious  of  any  illegality  in  the  nature 
of  their  voyages,  or  of  any  irregularity  in  their  own  conduct,  made 
no  efi'orts  to  escape,  and  were  captured  and  brought  into  port. 
These  vessels  have  been  condemned  utulnr  the  authority  of  the 
article  '  D'  in  tlie  11th  clause  ot  his  majesty's  instructions  for  pri- 
vateers, issued  on  the  10th  of  March  1010,  which  declares  to  be 
good  prize  "all  vessels  which  have  made  use  of  British  convoy, 
either  in  the  Alliuitic  or  the  Baltic'  At  the  time  of  this  declara- 
tion,  these  vessels  were  in  Russia,   on  the  point  of  sailing,   and 

wholly  ignorant  of  it." "  That  the  hoiligerent  has  a  right  to 

ascertiiin  the  character  of  neutrals  met  with  at  sea,  I  am  not  dis- 
posed to  deny;  hut  to  say  that  the  neutral  shall  be  condemned  on 
the   mere  fact   that  he   wiis    found    under   enemy's  convoy,  is  to 
impose  upon  him  a  necessity  of  sailing  without   protection,  even 
against  his  own  separate  enntnics  ;  for  the  case  might  well  happen, 
indeed  has  happened,  that  though  neutral  with  regard  to  the  bel- 
ligerent power*,  he  has  had  an  enemy,  against  whom  either  of  the 
belligerents  might  be  disposed  to  protect  him.     Of  such  protection, 
the  American  commerce  bus  often  availed  itself,  during  the  war 
between  the  United  States  and  the  Barbary  powers  ;  nor  was  it  ever 
supposed,  by  either  of  the  great  I)cllignrcnt  powers,  that  such  com- 
merce, so  protected  by  its  enemy,  had  thus  become  liable  to  cap- 
ture and  confiscation.     The  case  might  also  occur,  that  of  tivo  al- 
lied belligerent  powers,  a  third  power  sliould  be  enemy  as  to  one, 
and  neutral  as  to  the  other,     i  slate  these  arguments  against  the 
broad  ground  taken  in  the  royal  instructions  above  quoted.     But  it 
will  be  said,   that   the  belligerent,  having  also  an  unquestionable 
right  to  ascerlaiu  the  neutrality  of  vessels,  and  belligerent  rights 
being  paramount  to  neutral  right*,  where  the  two  happen  to  be  in 
collision, —  hence  the  attempt  of  the  neutral  to  deprive  the  bellige- 
rent of  his  right,  by  putting  hin)seU"  under  convoy,  forms  of  itself  a 
ground  of  capture  and  conliscation.     To  this  1  answer,  first,  that 
the  belligerent  rights,  where  they  come  in  collision  with  those  of 
VOL.  I.  5G 


413 


KSLATIONS    WITH    DENMARK. 


neutrals,  nre  not  to  be  deemed  in  all  casei  paramount ;  and  that 
nothing  cnn  establish  such  a  general  rule  but  force,  which  is  not 
Inw  or  justice.  Secondly,  that  no  presumption  necessarily  arise* 
agttinst  the  neutral,  from  the  mere  circumstance  of  his  being  found 
under  enemy's  convoy ;  but  thnt  this  point  will  depend  upon  the 
peculiar  circumstance  of  ench  cnse.  Thirdly,  that  where  the  bel* 
ligerent  nnd  neutral  rights  conflict,  all  other  circumstances  being 
equal,  the  pica  of  necessity  ought  to  decide  the  question  in  farour 
of  the  neutral.  In  the  case  supposed,  the  belligerent  is  seeking 
the  mere  exercise  of  a  right,  but  the  neutral  is  occupied  in  his  self 
preservation.  These  vessels  did  not  seek  convoy  for  any  purpose, 
but  they  were  forced  into  it ;  they  had  no  motive  to  seek  convoy 
as  a  protection  against  Danish  cruisers.  They  had,  indeed,  other 
inducements  to  put  themselves  under  convoy;  the  decrees  of  his 
majesty  the  emperor  of  France  being  then  in  force,  that  system, 
working  against  the  English  orders  in  council,  produced  such  a 
state  of  things,  with  regard  to  the  commerce  of  America,  that 
scarcely  one  of  its  ships  could  move  on  the  face  of  the  ocean,  with- 
out being  exposed,  under  this  unfortunate  cooperation  of  hostile 
systems,  to  capture  and  contiscation.  But,  had  this  happened  in  the 
cases  before  us,  yet  it  would  not  have  formed  a  just  ground  of  cap- 
ture nnd  confiscation ;  for,  the  merits  or  demerits  of  the  Berlin  and 
Milan  decrees  out  of  the  question,  those  decrees  have  not  been 
adopted  by  Denmark ;  indeed,  at  the  time  the  vessels  were  taken, 
his  majesty  had  not  assumed  any  course,  with  respect  to  the  Ame- 
rican commerce,  from  which  evil  was  to  be  apprehended ;  hence, 
I  beg  leave  to  repeat,  that  the  vcsseis  in  question  cannot  be  pre- 
sumed to  have  sought  protection  imder  British  convoy,  for  the 
purpose  of  avoiding  his  cruisers.  But  if  the  contrary  had  been 
proved,  if  it  stood  confessed,  that  they  had  sought  convoy  against 
Danish  cruisers  ;  in  that  case,  they  would  have  been  liable  to  cap- 
ture, certainly, — but  it  is  equally  certain,  that  they  would  not  have 
been  liable  to  condemnation.  I  must  again  totally  deny,  that  the 
rule  laid  down  in  the  article  of  the  royal  instructions  above  cited, 
is  supported  by  any  principle  to  be  found  in  the  law, — and  I  can 
confidently  ask  your  excellency  to  show  me  any  authorities  in  its 
favour.  If  the  writers  be  silent  on  the  subject,  then  their  silence  is 
to  be  construed  favourably  for  the  neutral.  But  the  law  says,  that 
neutral  goods  found  under  the  enemy^s  forts,  within  his  territory, 


mSLATIOlfS    WITH  DBNMABK. 


443 


t ;  and  thiit 
ilch  is  not 
nrily  aritet 
>eing  found 
I  apon  the 
!re  (he  bel* 
incea  being 
n  in  faTour 
is  seeking 
i  in  bis  self 
-ly  purpose, 
eek  convoj 
deed,  other 
Tees  of  his 
hnt  system, 
iced  such  a 
lerica,  that 
icean,  with- 
I  of  hostile 
ened  in  the 
und  of  cap- 
i  Berlin  and 
e  not  been 
vere  taken, 
o  the  Ame- 
ed ;  hence, 
not  be  pre- 
oy,  for  the 
had  been 
voy  against 
able  to  cap- 
Id  not  have 
ly,  that  the 
ibove  cited, 
— and  1  can 
rities  in  its 
ir  silence  is 
V  says,  that 
is  territory, 


or  even  on  board  his  vessels  at  sea,  which  is  to  be  as  immediately 
and  totally  under  his  protection  as  is  possible, — that  these  arc  not 
liable  to  contiacation,  but  shall  be  restored  to  the  neutral  owners. 
The  doctrine  laid  down  by  GrotiuA,  in  the  ^^  De  Jure  Belli  ac  i'a- 
cis,'*  oo  this  point,  hat  never  been  refuted,  but  bus,  on  the  con- 
trary, been  adopted  by  subsequent  writers.  England  herself  has 
never  gone  to  the  extent  of  condemning  vessels  u|ion  the  mere 
ground  of  their  having  been  taken  under  enemies^  convoy ;  but  she 
has  captured  them  in  that  situation,  and  acquitted  them." 

These  vessels  were  condemned  by  the  Danes,  on  the  pre- 
tence, either  that  the  property  was  £nglish,  the  papers  false, 
or  that  pretended  certificates  of  origin  were  shown  as  given 
by  the  French  consuls  in  America,  when  the  French  govern- 
ment had  caused  official  notice  to  be  given  to  the  Danish 
government,  on  the  22d  of  September  1810,  that  the  French 
consuls  were  forbidden  from  furnishing  certificates.  But 
upon  proof  being  presented,  that  the  French  consuls  in  Ame- 
rica did  actually  give  cerMficatcs,  till  the  13th  of  November, 
the  Danish  government  immediately  released  all  vessels  fur- 
nished with  them  of  a  prior  date.'"'  As  to  the  convuy  cases, 
the  Danish  government  considered,  that  ihif*  circumstance 
deprived  them  of  their  original  character  of  neutrality.  *<  He 
who  causes  himself  to  be  protected,  by  that  act  ranges  him- 
self on  the  side  of  the  protector,  and  thus  puts  himself  in 
opposition  to  the  enemy  of  the  protector,  and  evidently  re- 
nounces the  advantages  attached  to  the  character  of  friend  to 
him,  against  whom  he  seeks  protection.     If  Denmark  should 

*  Official  statement  of  June  23,  1811. 

Captures  in  1809,  -        -        -    38 

Condemnations,  _        -        -         12 

Captures  in  Norway  in  1810,         -    36 

Pending  of  do.  in  High  Court,  8,  nnd  not  one  finolly  condemned. 

Captures  in  Danish  islands,  in  1810,  68 

Condemnations,    .        .        -        -    22 

Pending,    -----  6 

Convoy  cases,  (1810,)    -        -        -     18 

Condemned,      -        -        -         -  8 

Pending,       -----     10 

Total  captures  in  1809, 1810,     -      IGO 


Danish  islands. 


144 


RELATIONS    WITH    DENMARK. 


abandon  this  principle,  the  navigators  of  all  nations  would 
find  their  account  in  carrying  on  the  commerce  of  Great 
Britain  under  the  protection  of  English  ships  of  war,  with- 
out running  any  risk.  We  every  day  see  that  this  is  done, 
the  Danish  government  not  being  able  to  place  in  the  way 
of  it  suflScient  obstacles."  To  this  arbitiary,  and  obviously 
most  unjust  doctrine,  the  American  government  could  never 
accede.  But  Denmark  still  continued  to  enforce  it  ;  and 
not  only  the  vessels,  already  condemned,  were  not  released, 
but  all  captures  of  American  vessels,  under  English  convoy, 
were  held  to  be  legal.  Great  ditliculties  having  arisen  in 
the  examination  of  tlie  cases  as  to  jurisdiction,  the  French 
government  proposed,  that  the  prizes,  taken  by  privateers 
with  French  commissions,  should  be  transferred  to  Paris. 
But  to  this  the  Danish  government  would  not  consent. 
None  of  the  vessels  condemned  in  1809  or  1810  were  re- 
leased. No  further  interruption  being  given  to  American 
commerce  in  the  Baltic,  and  no  hope  remaining  that  the  con- 
demned cases  would  be  revised,  Mr,  Erving  left  Copenhagen 
in  April  1812,  for  Paris,  leaving  Mr.  Forbes  as  an  agent  for 
the  American  claims.  On  the  whole,  this  business  termin- 
ated more  favourably  than  could  have  been  expected.  The 
Danish  government  conducted  with  more  justice  than  mojt 
of  the  other  European  states  against  whom  this  country  has 
claims,  the  condemnations  being  few  in  proportion  to  the 
captures.  We  cannot  doubt,  that  some  illegal  trade  was 
carried  on  under  the  American  flag  at  that  time.  Indeed, 
we  are  officially  informed  of  that  fact,  in  a  memorial  of  Ame- 
rican ship  masters  in  1809,  who  had  been  taken  and  carried 
into  Christiansand. 

In  April  1826  Mr.  Clay,  secretary  of  state,  negotiated  at 
Washington  with  the  Chevalier  Peter  Pederscn,  the  Danish 
minister  resident,  a  convention  to  regulate  the  trade,  and 
navigation  of  the  two  countries.  It  is  on  the  principle  of 
reciprocity  of  tonnage  and  importation  duties  and  charges 
with  the  exception  of  certain  possessions  belonging  to  Den- 
mark ; — we  give  the  principal  provisions  in  a  note.* 


*  a 


Art,  2,  The  contracting  parties  being  likewise  desirous  of  plac- 


ns  would 
of  Great 
ar,  with- 
)  is  done, 

the  way 
jbviously 
lid  never 

it  ;  and 
released, 
I  convoy, 
arisen  in 
e  French 
)rivateers 

to  Paris. 

consent. 

were  re- 
American 
t  the  con- 
penhagen 

agent  for 
ss  termin- 
ed.  The 
han  mojt 
iintry  has 
on   to  the 

fade  was 
Indeed, 
of  Anie- 

d  carried 

)tiated  at 

Danish 

ade,  and 

nciple    of 

charges 

to  Den- 
It: 

us  of  plac- 


RELATIONS     WITH    DENMARK. 


445 


Mr.  Pedersen  left  this  country  after  the  ratification  of  this 
convention,  when  he  was  succeeded  by  Stein  Bille,  a  charge 
d'affaires.  In  1827  Henry  Wheatonof  New-York,  was  ap- 
ing the  conuinerco  and  navigation  of  tlieir  respective  countries  on  the 
liberal  basis  of  perfect  equality  and  reciprocity,  mutually  agree  that 
the  citizens  and  subjects  of  each  may  frequent  all  the  coasts  and 
countries  of  the  other,  (with  the  exception  hereafter  provided  for  in 
the  sixth  article)  and  reside  and  trade  there  in  all  kinds  of  produce, 
manufactures  and  merchandise  ;  and  they  shall  enjoy  all  the  rights, 
privileges  and  exem|itions,  in  navigation  and  commerce,  which  native 
citizens  or  subjects  do,  or  shall  enjoy,  sid)mitting  themselves  to  the 
laws,  decrees  and  usages,  there  established,  to  which  native  citizens  or 
subjects  are  subjected.  But  it  is  understood  that  this  article  does  not 
include  the  coasting  trade  of  either  country,  the  regidation  of  which  is 
reserved  by  the  parlies,  respectively,  according  to  their  own  separate 
laws. 

"Art.  3.  They  likewise  agree  that  whatever  kind  of  produce, 
manufacture,  or  merchandise,  of  any  foreign  country,  can  be,  from 
time  to  time,  lawfully  imported  into  the  United  States,  in  vessels  be- 
longing wholly  to  the  citizens  thereof,  may  be  also  imported  in  vessels 
wholly  belonging  to  the  subjects  of  Denmark  ;  and  that  no  higher  or 
other  duties  upon  the  tonnage  of  the  vessel  or  her  cargo  siiall  be  levi- 
ed and  collected,  whether  the  importation  be  made  in  vessels  of  the 
one  country  or  of  the  other.  And,  in  like  nmnner,  that  whatever  kind 
of  produce,  mantifacture,or  merchandise,  of  any  foreign  country  ,can  b?, 
from  time  to  time,  lawfully  imported  into  the  dominions  of  the  Kin ,▼ 
of  Denmark,  in  the  vessels  thereof,  (with  the  exception  hereafter  men- 
tioned in  the  sixth  article)  may  Le  also  imported  in  the  vessels  of  the 
United  States;  and  that  no  higher  or  other  duties  upon  the  tonnage 
of  the  vessel  or  her  cargo  shall  be  levied  and  collected,  whether  the 
importation  be  made  in  vessels  of  the  one  country  or  of  the  other. 
And  they  further  agree,  that  whatever  may  be  lawfully  exported  or 
reexported,  from  the  one  country  in  its  own  vessels,  to  any  foreign 
country,  may  in  hke  manner,  be  exported  or  reexported  in  tiie 
vessels  of  the  other  country.  And  the  same  bounties,  duties  and 
drawbacks,  shall  be  allowed  and  collected,  whether  such  exporta- 
tion or  reexportation  be  made  in  vessels  of  the  United  States  or  of 
Denmark.  Nor  shall  higher  or  other  charges  of  any  kind  be  imposed, 
in  the  ports  of  one  party,  or  vessels  of  the  other,  than  are,  or  shall  be, 
payable  in  the  same  ports  by  native  vessels. 

"Art.  4.  No  higher  or  other  duties  shall  be  imposed  on  the  impor- 
tation into  the  United  States  of  any  article,  the  produce  or  manufac- 


446 


RELATIONS   WITH   DENMARK. 


pointed  a  charge  to  Denmark.  We  understand,  Mr.  Whea- 
ton  has  succeeded  in  making  an  arrangement,  by  which  all 
claims  on  that  country  have  been  settled. 

tare  of  the  dominions  of  his  majesty  the  king  of  Denmark  ;  and  no 
higher  or  other  duties  shall  be  imposed  on  the  importation  into  the 
said  dominions  of  any  article,  the  produce  or  manufacture  of  the  Unit- 
ed States,  than  are,  or  shall  be  payable  on  the  like  articles,  being  the 
produce  or  manufacture  of  any  other  foreign  country.  Nor  shall  any 
higher  or  other  duties  or  charges  be  imposed  in  either  of  the  two 
countries,  on  the  exportation  of  any  articles  to  the  United  States,  or  to 
the  dominions  of  his  majesty  the  king  of  Denmark,  respectively,  than 
such  as  are,  or  may  be,  payable  on  the  exportation  of  the  like  articles 
to  any  other  foreign  country.  Nor  shall  any  prohibition  be  imposed 
on  the  exportation  cr  importation  of  any  articles,  the  produce  or  man- 
ufacture of  the  United  States,  or  of  the  dominions  of  his  majesty  the 
king  of  Denmark,  to,  or  from,  the  territories  of  the  United  States,  or 
to  or  from  the  said  dominions,  which  shall  not  equally  extend  to  all 
other  nations. 

"  Art.  5.  Neither  the  vessels  of  the  United  States  nor  their  car- 
goes shall,  when  they  pass  the  Sound,  or  the  Belts,  pay  higher  or 
other  duties  than  those  which  are  or  may  be  paid  by  the  most  favour- 
ed nation. 

"  Art.  6.  The  present  convention  shall  not  apply  to  the  northern 
possessions  of  his  majesty  the  king  of  Denaiark;  that  is  to  say,  Ice- 
lan'l,  the  Ferroe  Islands,  and  Greenland,  nor  to  places  situated  beyond 
the  Cape  of  Good  Hope,  the  right  to  regulate  the  direct  intercourse 
with  which  possessions  and  places  is  reserved  by  the  parties  respec- 
tively. And  it  is  further  agreed  that  this  convention  is  not  to  extend 
to  the  direct  trade  !)etween  Denmark  and  the  West  India  colonies  of 
his  Danish  majeatj',  but  in  the  intercourse  with  those  colonies,  it  :s 
agreed  that  whatever  can  t,^  lawfully  imported  into  or  exported  from 
the  said  colonies  in  vessels  of  one  party  from  or  to  the  ports  of  the 
United  States,  or  from  or  to  the  ports  of  any  other  foreign  country, 
may,  in  like  manner,  and  with  the  same  duties  and  charges,  applica- 
ble to  vessel  and  cargo,  be  imported  into  or  exported  from  the  said 
colonies  in  vessels  of  the  other  party. 

"Art.  7.  Both  parties  may  dispose  of  the'r  effects  or  remove  them 
on  paying  the  usual  duties  of  their  respective  nations. 

"  Art.  8.  Consuls  and  Vice  Consuls. 

"Art.  9.  liights,  privileges,  &c.  of  the  same. 

"  Art.  10.  Concerning  Consuls. 

"Art.  11.  Convention  to  be  in  force  for  ten  years." 


.  Whea- 
hich   all 


(     447     ) 


;  and  no 
I  into  the 
'the  Unit- 
[)eing  the 

shall  any 
r  the  two 
ates,  or  to 
rely,  than 
Le  articles 

imposed 
e  orman- 
njesty  the 
States,  or 
!nd  to  all 

their  car- 
higher  or 
at  favour- 
northern 
say,  Ice- 
id  beyond 
tercourse 
s  respec- 
to  extend 
donees  of 
nies,  it  :s 
ted  from 
ts  of  tho 
country, 
applica- 
the  said 

3ve  them 


CHAPTER    XIII. 

TREATIES  OF  1783—1816—1828  WITH  SWEDEN. 

Sweden^  only  power  that  voluntarily  offered  its  friendship  fo  Congress 
of  confederation — JVo  applications  specially  made  to  Northern  Pow- 
ers in  early  part  of  war — M.  de  Creuiz  offered  in  '82  to  make  a 
treaty — Treaty  of  Paris  of  '83 — Provisions  similar  to  that  of 
Netherlands — JVo  minister  till  1813 — M.  de  Kantzow — Jonathan 
Russell  of  Massachusetts — Demand  for  property  confiscated  at  Stral- 
sund — Relations  friendly  with  Sweden — Russell  makes  treaty  in  1816 
with  Sweden — Renews  the  subject  of  the  claims — Correspondence — 
Settled  by  private  contract — J\1r.  Hughes  and  Mr.  Jlppleton^  chargh 
•—Treaty  of  1821 — Stackelberg  charge  from  Sweden. 

Swede*'  is  the  only  power  in  Europe,  that,  voluntarily, 
offered  its  friendship  to  the  United  Statey.  Without  being 
solicited,  proposals  were  made  for  a  treaty  before  the  inde- 
pendence of  the  colonies  was  even  recognised  by  Great  Bri- 
tain. A  general  authority  was  given  to  the  comniissioners 
abror.d,  Franklin,  Adams,  Jay  and  Laurens  to  conclude  trea- 
ties of  amity  and  commerce,  but  in  the  early  part  of  the 
revolution  war.  Congress  did  not  direct  applications  specially 
to  be  made  to  any  of  the  northern  powers.  And  most  of 
the  other  courts,  to  whom  agents  were  sent,  either  refused 
to  receive  them,  or  contrived,  under  some  pretext  or  other, 
to  avoid  all  appearance  of  giving  aid  or  countenance  to  the 
American  confederacy.  This  caution  or  indifference  cannot 
be  matter  of  censure  or  surprise.  Few  European  courts 
probably  thought,  at  the  commencement  of  the  revolution, 
that  the  colonies  cotild  prevail  ;  few  chose  to  take  the  risk 
of  involving  themselves  in  a  maritime  war  with  England, 
With  the  name  of  colonies,  weakness  and  subjection  were 
then  naturally  associated. 

The  conduct  of  Sweden  was  marked  with  frankness,  and 


448 


TREATIES    WITH     SWEDEN. 


with  a  very  friendly  character.  America  could  not  expect 
much  aid  from  that  country,  or  suppose  that  her  example 
could  have  a  great  deal  of  influence  on  other  nations.  But 
it  was  highly  gratifying  that  a  state  renowned  as  Sweden  al- 
ways has  been,  for  the  bravery  and  love  of  independence  of 
her  people,  sliould  manifest  a  sympathy  in  the  arduous  strug- 
gles for  liberty  of  a  distant  country.  The  proposal  for  a 
treaty  was  entirely  unsought  for  on  the  part  of  Congress, 
The  only  account,  we  possess  of  the  transaction,  is  in  one  of 
the  letters  of  Dr.  Franklin.  The  Swedish  minister  a^  Paris, 
the  Count  de  Creutz,  called  on  him  towards  the  end  of  June 
1782,  by  the  direction  of  his  sovereign,  Gustavus  III.,  to 
enquire,  if  he  was  furnislied  with  the  necessary  powers  to 
conclude  a  treaty  with  Sweden.  In  the  course  of  the  conver- 
sation he  remarked,  "that  it  was  a  pleasure  to  him  to  think, 
and  he  hoped  it  would  be  remembered^  that  Sweden  was  the 
first  power  in  Europe,  which  had  voluntarily  offered  its  friend- 
ship to  the  United  States  without  being  solicited."  Dr. 
Franklin  communicated  the  application  of  the  Swedish  envoy 
to  Congress,  and  instructions  were  shortly  after  sent  him  to 
agree  on  a  treaty.  The  treaty  was  concluded  at  Paris  on 
the  3d  April  1783,  by  Dr.  Franklin  with  the  Count  Gusta- 
vus Philip  de  Creutz,  and  in  its  provisions  it  resembles  others 
made,  with  the  powers  of  Europe  at  that  time.* 


■!.t 
% 


*  The  original  treaty,  consisting  of  27  articles,  to  which  five  sepa- 
rate articles  were  added  tlie  same  day,  was  limited  to  fifteen  years. 
I^or  its  provisions  and  details  we  refer  purlicniarly  to  the  treaty  U)ade 
with  the  Netherlands,  in  1782. 

"The  king  of  Sweden,  of  tlie  Goths  and  Vundals,  &c.  &.c.  &c.  and 
ihe  thirteen  United  States  of  North  America,  to  wit:  New-Hampshire, 
Wassachnsetts  Bay,  Rhode  Island,  Connecticut,  New- York,  New  Jer- 
sey, Pennsylvania,  the  conntiej  of  Newcastle,  Kent  and  Sussex,  on 
Delaware,  Maryland,  Virginia,  North  Carolina,  Sonth  Carolina,  and 
Georgia,  desiring  to  estahiish,  in  a  stahle  and  pcrnjanent  manner,  the 
rules  which  ought  to  he  ol)sorved  relative  to  tlie  correspondence  and 
commerce  which  the  two  parties  have  judged  necessary  to  establish 
between  their  respective  countries,  states  and  snhjects;  liis  majesty 
and  the  United  States  have  thought  that  they  could  not  better  accom- 
plish that  end,  than  by  taking  for  a  basis-  of  tlieir  arrangomeuts  the 


TREATIES     WITH     SWEDEN. 


449 


expect 
(ample 
But 
den  al- 
ince  of 
i  strug- 
l  for  a 
ngress, 

one  of 
^  Paris, 
oi June 

III.,  to 
vers  to 
conver- 
3  think, 
vas  the 
5  friend- 
"  Dr. 
1  envoy 
;  him  to 
»aris  on 
t  Gusta- 
s  others 


ive  scpa- 
yciirs. 
ity  made 

&c.  and 
rnpsliire, 

cw  Jcr- 
issex,  on 

ina,  and 

iiier,  tlio 
iicc  and 
establish 

majesty 

acooin- 

mula  tlio 


This  is  the  only  treaty  we  have  with  that  count-y  till 
1816,  but  the  most  friendly  relations  have,  however,  been 
always  maintained.      The  direct  commerce  to  Sweden  has 

mutual  interest  and  advantage  of  both  nations,  tlicrcby  avoiding  all 
those  burdensome  preferences,  which  are  usually  sources  of  debate, 
embarrassment  and  discontent,  and  by  leaving  each  party  at  liberty  to 
make,  respecting  navigation  and  commerce,  those  interior  rcgulatioiii; 
which  shall  be  most  convenient  to  itself. 

"  With  this  view,  his  majesty  the  king  of  Sweden  has  nominated 
and  appointed  for  his  [)Icnipotentiary  coinit  Gnstavus  Philip  de  Creutz, 
ijis  ambassador  extraordinary  to  his  most  Christian  Majesty,  and 
knight  commander  of  his  orders;  and  the  United  States,  on  their  part, 
have  fidly  empowered  Henjamin  Franklin,  tlieir  minister  jjlcnipoten- 
tiary  to  bis  most  Christian  Majesty  :  the  said  plenipotentiaries,  after 
exchanging  their  full  powers,  and  after  tnature  deliberation  in  conse- 
quence thereof,  have  agreed  upon,  concluded  and  signed  the  following 
articles  : 

"  Art.  2.  Neither  party  to  grant  favours  In  commerce,  &c.  to  other 
nations,  that  shall  not  become  common  to  the  other  party. 

"Art.  3.  Sid)jects  of  Sweden  not  to  pay  higher  duties,  &c.  in  the 
ports  of  the  United  States,  than  the  most  favoured  nations. 

"Art,  4.  Citizens  of  the  United  States  not  to  pay  higher  duties  in 
the  ports  of  Sweden,  than  the  most  favoured  nations. 

"Art.  5.  There  shall  be  granted  a  full,  perfect  and  entire  liberty  of 
conscience  to  the  inhabitants  and  subjects  of  each  party,  and  no  per- 
son shall  be  molested  on  account  of 'lis  worshij) ;  provided  he  submits 
so  far  as  regards  the  |iul)lic  demonstration  of  it  to  the  laws  of  tiie  eoim- 
try.  Moreover  liberty  shall  be  granted,  when  any  of  the  suitjects  or 
inhabitants  of  cither  party  die  in  the  territory  of  the  otiier,  to  bury 
them  in  convenient  and  decent  places,  which  shall  be  assigned  for  the 
purjiose  ;  and  the  two  contracting  parties  will  provide  each  in  its  ju- 
risdiction, that  the  subjects  and  iiihaliitants  respectively  may  obtain 
certificates  of  the  death,  in  case  the  delivery  of  them  is  required. 

"Art.  0.  Citizens  of  each  country,  to  enjoy  in  that  of  the  other 
the  rights  of  devise,  donation,  and  of  inhoritanrc,  &:c.  without  natu- 
ralization. 

"Art.  7.  Free  trade  allowed  witii  an  eiuvny.  Free  ships  make 
goods.  Persons,  errept  soldiers  in  lite  actual  ^;ervi(•e  of  an  enemy,  to 
be  secure  in  free  ships. 

"Art.  8.  This  lihorty  of  iiavi;r,Ttioii  iuid  coiniiien'e  shall  extend  to 
all  kinds  of  merchandises,  cxcei)t  those  only  which  are  expressed  in 


VOL.     I. 


57 


450 


TREATIES     WITH     SWEDEN. 


been  quite  inconsiderable,  though  during  the  commercial  re- 
strictions in  Europe,  a  large  amount  of  property  was  cleared 
for  Swedish  ports.      The  trade   with   the  Swedish  West  In- 

tlie  following  article,  and  arc  distinguished  by  the  name  of  contraband 
goods : 

"  Art.  9.  Under  the  name  of  contraband  or  prohibited  goods,  ^hall 
be  comprehended  arms,  great  guns,  cannon  balls,  arquebgses,  mus- 
kets, mortars,  bombs,  petards,  grenadocs,  saucisses,  pitch  balls,  car- 
riages for  ordnance,  musket  rests,  l>andoliers,  cannon  powder,  match- 
es, saltpetre,  sulphur,  bullets,  pikes,  sabres,  swords,  morions,  helmets, 
cuirasses,  halberds,  javelins,  pistols  and  their  holsters,  belts,  bayonets, 
horses  with  their  harness,  and  all  other  like  kinds  of  arms  and  instru- 
ments of  war  for  the  use  of  troops. 

"  Art.  10.  These  which  follow  shall  not  be  reckoned  in  the  niunber 
of  prohibited  goods;  that  is  to  say:  all  sorts  of  cloths,  and  all  other 
manufactures  of  wool,  flax,  silk,  cotton,  or  any  other  materials,  all 
kinds  of  wearing  apparel,  together  with  the  things  of  which  they  are 
commonly  made,  gold,  silver  coined  or  uncoined,  brass,  iron,  lead,  cop- 
per, latten,  coals,  wheat,  barley,  and  all  sorts  of  corn  or  pulse,  tobac- 
co, all  kinds  of  spices,  salted  and  smoked  flesh,  salted  fish,  cheese,  but- 
ter, beer,  oil,  wines,  sugar,  all  sorts  of  salt  and  provisions  which  serve 
for  the  nourishment  and  sustenance  of  man,  all  kinds  of  cotton,  hemp, 
flax,  tar,  pitch,  ropes,  cables,  sails,  sailcloth,  anchors,  and  any  parts  of 
anchors,  ship  masts,  planks,  boards,  beams,  and  all  sorts  of  trees  and 
other  things  proper  for  building  or  repairing  ships ;  nor  shall  any 
goods  be  considered  as  contraband,  which  have  not  been  worked  into 
the  form  of  any  instrument  or  thing  for  the  purpose  of  war  by  land  or 
by  sea,  much  less  such  as  have  been  prepared  or  wrought  up  for  any 
other  use :  all  which  shall  be  reckoned  free  goods,  as  likewise  all 
others  which  are  not  comprehended  and  particularly  mentioned  in  the 
foregoing  article ;  so  that  they  shall  not  by  any  pretended  interpreta- 
tion be  comprehended  among  prohibited  or  contraband  goods ;  on  the 
contrary,  they  may  be  freely  transported  by  the  subjects  of  the  king 
and  of  the  United  States,  even  to  planes  belonging  to  an  enemy,  such 
places  only  excepted  as  are  besieged,  blockaded,  or  invested  ;  and  rhoso 
places  only  shall  be  considered  as  such,  which  are  nearly  surrounded 
by  one  of  the  belligerent  powers. 

"Art.  11,  In  case  of  war  with  a  third  power,  ships  and  vessels  to 
be  fmnished  with  sea  letters  and  certificates. 

"  AhT.  12.  Vessels,  if  required,  shall  exhibit  their  sea  letters  and  cer- 
tificates.    Vessels  not  having  contraband  goods,  may  pass.     Vessels 


TREATIES     WITH     SWEDEIf. 


451 


•cial  re- 
cleared 
^est  In- 

ntraband 

}ds,  9hall 
)es,  mus- 
alls,  car- 
r,  inatch- 
,  helmets, 
bayonets, 
id  instru- 

e  number 
all  other 
erials,  all 
I  they  are 
lead,  cop- 
se, tobac- 
leese,  but- 
litch  serve 
ton,  hemp, 
ly  parts  of 
trees  unil 
shall  any 
srked  into 
dy  land  or 
ip  for  any 
iewise  all 
ned  in  tha 
nterpreta- 
Is ;  on  the 

the  king 
emy,  such 

and  rhoso 
urrounded 

vessels  to 

rs  and  ccr- 
Vesscls 


dia  Islands  has  been  greater  than  in  ordinary  times,  but  Hvs 
has  been  nominally  increadcd  by  employing  her  neutral  ports 

under  convoy  to  pass  without  exiiibiting  papers,  on  the  word  of  the 
commander  of  the  convoy. 

"  Art.  13.  In  case  of  capture  for  carrying  contraband  to  an  enemy, 
the  hatches,  &c.  not  to  be  broken  up  at  sea.  The  ship,  &c.  not  to  be 
affected  by  the  contraband  on  hoard.  On  delivery  of  contraband  by 
the  master,  the  vessel  may  pursue  her  voyage.  In  cases  of  capture, 
where  the  goods  are  free,  the  captors  to  pay  costs  and  damages. 

"Art.  14.  Qoods  found  in  an  enemy's  ship  liable  to  be  confiscated, 
unless  put  on  board  before  the  declaration  of  war,  or  within  six  monthti 
afterwards. 

"Art.  15.  Commanders  of  public  and  private  armed  vess  '•  to  be 
answerable  in  their  persons  and  goods,  for  injuries  done  on  either 
t*ide. 

"Art.  16.  Every  person  fitting  out  a  privateer,  before  he  receivesa 
Commission,  to  give  bond  to  answer  all  damages. 

"Art.  17.  Vessels,  &c.  of  one  of  the  parties,  being  neutral,  recap- 
tured by  the  other,  to  be  restored  on  proof. 

"Art.  18.  Regulations  respecting  recaptures,  &c.  in  case  the  two 
nations  should  be  at  war  with  a  common  enemy. 

"Art.  19.  The  armed  vessels  of  either  party,  allowed  to  enter  and 
freely  depart  the  ports  of  the  other,  with  their  prizes. 

"  Art.  20.  In  case  of  shipwreck,  relief  shall  be  afforded,  and  goods 
restored,  on  paying  costs  of  salvage,  if  claimed  in  a  year  and  a  day. 

"Art.  21.  Wiien  vessels  of  either  party  shall  be  forced  by  stress  of 
weather,  &c.  iiito  ports,  &c.  of  the  other,  they  shall  be  protected,  the 
persons  on  board  treated  with  humanity,  and  freely  permitted  to 
depart. 

"  Art.  22.  In  case  of  war,  nine  months  shall  be  allowed  to  citizens 
or  subjects  to  sell,  or  to  transport  their  effects. 

"Art.  23.  The  citizens  or  subjects  of  each  party  not  to  take  com- 
missions, or  letters  of  marque,  from  any  prince  or  staic,  with  whom 
the  other  is  at  war,  to  cruise  against  either  partj'. 

"  Ai'T.  24.  Ships  and  vessels  of  cither  party  coming  on  the  coasts, 
or  enterii'jC  the  ports  of  the  other  without  wishing  to  unload,  shall  not 
be  obliged  to  break  bulk,  &c. 

"Art.  25.  Armed  vessels  of  either  pirty  visiting  niercliai!t  ships  of 
the  other,  under  the  right  of  search,  lo  remain  out  of  ciiniot  shot,  and 
to  board  only  in  a  boat,  with  two  ur  tlirco  men. 

"Art.  26.  Each  party  allowed  to  have  consuls,  &,c.  in  the  ports  of 
the  other." 


452 


TREATIES    WITH     SWEDEN. 


for  the  purpose  of  intercourse  with  the  British  West  Indies. 
This  country  had  no  minister  at  the  Court  of  Stockholm  till 
1814,  although  Sweden  was  represented  in  the  United  States 
during  a  short  time  in  1813  by  M.  dc  Kantzow,  a  minister 
plenipotentiary,  but  who  was  soon  withdrawn.  In  the  be- 
ginning of  1814,  Jonathan  Russell,  of  Massachusetts,  was  ap- 
pointed minister  to  the  Court  of  Sweden  ;  ar.d  in  the  autumn 
of  131  G  he  became  engaged  in  a  correspondence  with  the 
Swedish    minister,    Count   d'Engerstron,^ 


concerning 


a  se- 


questration of  some  American  property.  The  French  being 
in  possession  of  Stralsund,  in  Pomerania,  in  1810,  placed 
this  property  at  the  disposition  of  Sweden,  for  whose  benefit 
it  was  ultimately  sold  for  about,  we  believe,  151,000  rri 
dollars  currency  of  that  country.  Mr.  Russell  claimed  an 
indemnity,  but  the  demand  was  evaded  or  resisted  in  the 
same  way  that  so  many  others  have  been  by  the  European 
governments  since  the  changes  of  1814  and  1815. 

During  the  commercial  restrictions  in  our  country,  and  in 
Europe,  a  great  amount  of  property  was  shipped  for  Swedish 
ports,  and  many  of  our  vessels  sought  protection  there.  When 
the  passages  leading  into  the  Baltic  were  vexed  to  such  a  de- 
gree by  French  and  Danish  privateers,  this  property  and  the 
rights  of  these  neutrals  were  respected.  Though  the  Swedish 
territory  runs  along  the  Sound,  we  are  not  aware  that  any  in- 
stance exists  of  illegal  or  oppressive  conduct  towards  Ameri- 
can vessels.  From  her  comparatively  remote  situation,  Swe- 
den was  less  under  the  control  of  France  during  the  restric- 
tions on  commerce  than,  perhaps,  any  other  power  on  the 
continent.  She  was  at  war  with  that  country  from  1805  to 
1810,  when  she  was  compelled  to  accede  to  the  continental 
system,  though  on  account  of  the  nature  of  her  western  coast, 
it  was,  never,  in  reality  enforced.  But  in  the  beginning  of 
1812,  French  troops  occupied  Swedish  Pomerania,  and  short- 
ly after,  Sweden  joined  the  coa'ition  of  England  and  Russia 
against  Napoleon  ;  so  that,  in  facv,  the  commerce  of  the  Unit- 
ed Slates  with  Sweden  was  scarcely  at  all  interrupted,  ex- 

*  We  give  the  spelling  of  this  name  of  the  despatch.     It  is  given  in 
Schoell  differently,  d'Engstroein. 


Indies, 
olm  till 
[1  States 
niinister 
the  be- 
was  ap- 
autumn 
nth  the 
ig  a  se- 
:h  being 
,  placed 
i  benefit 

000  rl': 
imed  an 

1  in  the 
luropean 

|r,  and  in 
Swedish 
.    When 
ich  a  de- 
and  the 
Swedish 
t  any  in- 
Arneri- 
t)n,  S  we- 
re stric- 
on  the 
1805  to 
ntinental 
rn  coast, 
nning  of 
id  short- 
^  Russia 
e  Unit- 
)ted,  ex- 

s  given  in 


TREATIES     WITH     SWEDEN. 


453 


cept  by  the  acts  of  our  own  government,  during  the  eight 
years  that  preceded  the  downfall  of  the  French  Emperor. 

Before  giving  an  account  of  the  treaty  concluded  in  1827 
by  Mr.  Appleton,  he  charge  from  this  country,  it  is  matter 
of  great  gratification,  to  remark  that  a  settlement  of  the  dif- 
ficulty, that  occurred  in  1810,  and  which,  on  slight  and  in- 
suiTicient  pretences,  was  long  deferred,  has  at  length  taken 
place,  and  that  the  treaty,  recently  concluded,  is  more  in 
accordance  with  the  tone  and  policy  of  our  own  government, 
in  regard  to  commercial  matleis,  than  any  formal  arrange- 
ment, into  which  the  United  States  have  entered  with  any 
European  power. 

The  history  of  Sweden,  the  character  of  the  people,  will 
long  continue  to  awaken  a  pleasing  interest ;  and  for  the  rea- 
dy, cordial  and  frank  manner,  in  which  she  offered  us  her 
friendship  at  an  early  hour  in  our  history,  when,  compared 
with  the  present  situation  of  this  country,  we  had  little,  in- 
deed, to  boast  of  that  could  attract  or  remunerate  the  notice 
and  alliances  of  European  governments,  the  nation,  we  trust, 
will  never  be  insensible  nor  ungrateful.  Sweden  is  not  en- 
dowed with  great  power,  capable  of  a  direct  application. 
Since  the  celebrated  war  of  thirty  years,  and  a  short  period 
during  the  extraordinary  reign  >f  Charles  the  12th,  she  has 
not  appeared  with  much  authority  in  the  field  of  European 
politics.  Gut  her  moral  influence,  arising  from  the  character 
and  condition  of  her  population,  is  far  from  being  inconsider- 
able, and  a  favourable,  geographical  position  offers  her  many 
of  the  privileges  of  neutrality,  accompanied  with  the  advan- 
tage of  a  neighbourhood  to  the  most  valuable  markets  of  the 
old  world.  Even,  when,  after  long  delay  and  deliberation, 
she  has  been  compelled  to  take  her  side,  Sweden  has  usual- 
ly acted  the  part  rather  of  a  reserved  body,  neither  exposed 
to  the  greatest  dangers  or  losses  of  the  combat. 

In    October   1818,*   Mr.  Russell  renewed  the  discussion 

*  Mr.  Russell  negotiated,  September  4,  181G,  a  treaty  of  Commerce 
with  the  Counts  d't^ngcrstroem  and  A.  G.  de  Morner.  This  treaty  con- 
sisted originally  of  14  articles,  two  of  which  were  not  ratified.  The 
ratifications  were  exchanged  September  25, 1818,  and  being  limited  to 


454 


TREATIES    WITH     SWEDEN. 


concerning  the  American  property  seized  in  1810,  at  Stral- 
sund,  an  interruption  of  the  negotiation  having  occurred,  in 
consequence  of  tho  attempts  of  a  private  agent  to  procure  a 

eight  yenrs,  it,  of  course,  expired  Hopteiiihor  18^(5.  Tho  foliowiiig  ar« 
the  principal  nrticic?,  together  witli  a  siiiiiiiiury  oftiie  others  : 

"Art.  1.  Reciprocal  liheriy  of  coniiiicrcu.  Coiiiplute  protection  for 
the  merchants  ami  traders. 

"Art.  2.  No  other  or  liijriier  duties,  imposts,  or  chorges,  whatso- 
ever, shall  be  imposed  on  the  ini|)ortation  into  the  territories  of  his 
Majesty  the  King  of  Sweden  und  Norwoy,  of  the  produce  or  tnanufac- 
turesofthe  United  States,  nor  on  the  iin|)ortation  into  the  United 
States  of  the  produce  or  manufactures  of  the  territories  of  his  Majesty 
tho  King  of  Sweden  and  Norway,  than  those  to  wliich  the  same  nrti- 
cles  would  bo  subjected  in  each  of  the  two  countries,  respectively,  if 
these  articles  were  the  growth,  produce,  or  manufacture,  of  any  other 
country.  The  same  prinoi|pIi!  shall  likewise  he  observed  in  respect  to 
exportation,  in  such  manner  that  in  each  of  the  two  countries,  respec- 
tively, the  articles  which  shall  be  exporte<l  for  the  other,  cannot  be 
charged  with  any  duty,  impost  or  charge,  wliat8r»ever,  higher  or  other 
than  those  to  which  the  same  articles  would  bo  sid)jected  if  they  were 
exported  to  any  other  country  whatever. 

"  Nor  shall  any  prohibition  be  imposed  on  the  exportation  or  im|U)r- 
tation  of  any  article,  the  growth,  produce,  or  manufacture,  of  the  ter- 
ritories of  his  Majesty  the  King  of  Sweden  and  Norway,  or  of  tho 
United  States,  to  or  from  the  said  territories  of  his  Majesty  the  King 
of  Sweden  and  Norway,  or  to  or  from  the  said  United  States,  which 
shall  not  equally  extend  to  all  other  nations. 

"  Swedish  or  Norwegian  vessels  arriving  in  ballast,  or  importing 
into  the  United  States  the  produce  or  manufactures  of  their  countries, 
or  exporting  from  the  United  States  the  produce  or  manufactures  of 
said  states,  shall  not  be  obliged  to  pay,  either  for  the  vessels  or  car- 
goes, any  other  i  ghcr  duties,  imposts,  or  charges,  whatsoever,  than 
those  which  the  vessels  of  the  United  States  would  pay  in  the  same 
circumstances;  and,  vice  versa,  the  vessels  of  the  United  States,  arriv- 
ing in  ballast,  or  importing  into  the  territories  under  the  dominion  of 
his  Majesty  the  King  of  Sweden  and  Norway  the  produce  or  manu- 
factures of  the  United  States,  or  exporting  from  the  territories  under 
the  dominion  of  his  Majesty  the  King  of  Sweden  and  Norway,  the 
produce  or  manufactures  of  these  territories,  shall  not  pay,  either  for 
the  vessels  or  the  cargoes,  any  other  or  higher  duties,  imposts,  or 
charges,  whatsoever,  than  those  which  would  be  paid  if  these  articles 
were  transported  by  Swedish  or  Norwegian  vessels,  respectively. 


r^^m 


TK»ATIt:8     WITH     8WEUUN. 


455 


at  Strftl- 
ured,  in 
rocurc  a 

swing  ar« 

ectioii  for 

!,  wlintso- 
•ies  of  his 
inanufac- 
le  United 
s  Majesty 
^aiiie  arti- 
'ctivcly,  if 
any  other 
respect  to 
!s,  res pec- 
caniiot  1)0 
r  or  other 
tliey  were 

or  it)i|U)r- 

of  tiie  ter- 

or  of  tho 

the  King 

cs,  which 

mporting 
countries, 
Hctures  of 
s  or  ear- 
ever,  than 
the  same 
tes,  arriv- 
niinion  of 
or  nianu- 
ies  under 
•way,  the 
either  for 
iposts,  or 
ie  articles 
veiy. 


settlement.  This  undertaking  failed  ;  and,  though  delay 
was  the  necessary  result  of  the  interference,  there  is  no  ap- 
pearance   that  the   claims  would    have   hccn  allowed  on  the 

"  That  which  is  hrre  ahovo  stipulated,  shall  also  extend  to  the 
Swedish  colony  of  St.  Itarthuloniy,  as  well  in  what  relates  to  the  riphtu 
and  advantages  which  the  vessels  of  tho  United  States  shall  enjoy  in 
its  {torts,  as  in  relation  to  those  whicii  the  vessels  of  the  colony  shall 
enjoy  in  the  ports  of  the  United  Stales,  provided  tho  owners  are  inha- 
Ititants  of  St.  Bartheleniy,  and  there  estahlished  and  natnralizcd,  and 
shall  have  there  cnnsed  their  vessels  to  he  naturalized. 

**  Art.  5.  Proceedings  against  consnls,  &c.  offending  against  tho 
laws. 

"  Art.  7.  The  citizens  or  suhjects  of  one  of  tho  contracting  parties, 
arriving  with  their  vessels  on  any  coast  helonging  to  tho  other,  hut 
not  willing  to  enter  into  port,  or  heing  entered  into  port  and  not  wil- 
ling to  unload  or  hreak  hnik,  ^'hall  have  lilicrty  to  depart,  and  to  pursue 
their  voyage,  without  niolestiition,  and  without  heing  obliged  to  ren- 
der account  of  their  cargo,  or  to  |)ay  any  duties,  imposts,  or  charges, 
whatsoever,  on  the  vessels  or  cargo,  exiepting  ordy  the  dues  of  pilot- 
age, when  a  pilot  shall  hnve  hcen  employed,  or  those  of  cpiayage,  or 
light  money,  whenever  those  dues  are  paid  in  the  same  circumstances 
by  the  citizens  or  suhjects  of  the  country.  It  heing,  nevertheless,  un- 
derstood, that  whenever  the  vessels  helonging  to  the  citizens  or  sub- 
jects of  one  of  the  contracting  parties  shall  he  within  the  jurisdiction 
of  the  other,  they  shall  conform  to  the  laws  and  regulations  concern- 
ing navigation,  and  the  places  and  ports  into  which  it  may  be  permit- 
ted to  enter  which  are  in  force  with  regard  to  tho  citizens  or  subjects 
of  the  country  :  and  it  shall  be  lawful  for  the  oflicers  of  the  customs 
in  the  district  where  the  said  vessels  may  be,  to  visit  them,  to  remain 
on  board,  and  to  take  such  precautions  as  may  be  necessary  to  prevent 
all  illicit  commerce  while  such  vessels  remain  within  the  said  juris- 
diction. 

"  Art.  8.  It  is  also  agreed,  that  the  ves.«els  of  one  of  the  contracting 
parties,  entering  the  ports  of  the  other,  shall  be  permitted  totlischarge 
a  part  only  of  their  cargoes,  whenever  the  ca|itain  or  owner  shall  de- 
sire so  to  do,  and  they  shull  be  allowed  to  depart  freely  with  the  re- 
mainder, without  paying  any  duties,  imposts,  or  charges,  whatsoever, 
except  on  that  jtart  which  shall  have  been  landed,  and  which  shall  bo 
marked  and  noted  on  the  list  or  manifest  containing  the  enumeratioii 
of  the  merchandise  which  the  vessel  ought  to  have  on  hoard,  ai'd 
which  list  ought  always  to  be  ])rcsentcd,  without  reservation,  to  the 


T^m^ 


x^ 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0     ^^  U^ 


1.1 


■a  Hi 


■  2.2 


11-25  i  1.4 


m 

I 


1.6 


6" 


V 


%   ^^  > 


^J^ 


V 


> 


Photographic 

Sciences 

Corporation 


29  WIST  MAIN  STREET 
WEBSTER,  N.Y.  14S80 

(716)  •72-4503 


4*« 


^ 


456 


TREATIES    WITH     SWEDEN. 


representations  of  this  individual.  We  have  aheady  stated, 
that  the  property,  the  object  of  this  controversy,  was  placed 

officers  of  the  customs  at  the  place  where  tlie  vessel  shall  have  arriv-. 
cd  ;  and  nothing  shall  he  paid  on  the  part  of  the  cargo  which  the  ves- 
sel takes  away ;  and  the  said  vessel  may  proceed  therewith  to  any 
other  port  or  ports  in  the  same  country,  into  which  vessels  of  the  most 
favoured  nations  are  permitted  to  enter,  and  there  disjjose  of  the  same  ; 
or  the  said  vessel  may  depart  therewith  to  the  ports  of  any  other 
country.  It  is,  however,  understood,  that  the  duties,  imposts,  or 
charges,  which  are  payable  on  the  vessel  itself,  oiight  to  he  paid  at 
the  first  port  where  it  breaks  hulk  and  diiiclinrges  a  part  of  the  cargo, 
and  that  no  such  duties  or  impositions  shall  he  again  demanded  in  the 
ports  of  the  same  country  where  the  said  vessel  may  thereafter  enter, 
except  the  inhabitants  of  the  country  be  subjected  to  further  duties  in 
the  same  circumstances. 

*'  Art.  9.  The  citizens  or  subjects  of  one  of  the  contracting  parties, 
shall  enjoy  in  the  j)orts  of  the  other,  as  well  for  their  vessels  as  for 
their  merchandise,  all  the  rights  and  privileges  of  entrepot  which  are 
enjoyed  by  the  njost  favoured  nations  in  the  same  ports. 

"  Art.  10.  llcgulations  in  case  of  shij)wreck. 

"  Art.  Jl.  It  is  agreed  that  vessels  arriving  direct  from  the  United 
States,  and  a  port  under  the  dominion  of  his  Majesty  the  King  of 
Sweden  and  Norway,  or  from  the  ports  of  his  said  Majesty  in  Europe 
at  a  port  of  the  United  States,  furnished  with  a  certificate  of  health 
from  the  competent  health  ofiicer  of  the  port  whence  they  took  their 
departure,  certifying  that  no  malignant  or  contagious  disease  existed 
at  that  port,  shall  not  be  subjected  to  any  other  quarantine  than  such 
as  shall  be  necessary  for  the  visit  of  the  health  oftTcer  of  the  port  at 
which  they  may  have  arrived  ;  but  shall,  after  such  visit,  be  permitted 
immediately  to  enter  and  discharge  their  cargoes  :  Provided,  always, 
that  there  may  not  be  found  any  person  on  board  who  has  been,  dur- 
ing the  voyage,  afilicted  with  a  malignant  or  contagious  disease,  and 
that  the  country  from  which  the  vessel  comes  may  not  be  so  generally 
regarded  at  the  time  as  infected,  or  suspected,  that  it  has  been  previ- 
ously necessary  to  issue  a  regulation  by  which  all  vessels  coming  from 
that  country  are  regarded  as  suspected,  and  subjected  to  quarantine. 

"  Art.  12.  The  treaty  of  amity  and  connnerce  concluded  at  Paris, 
in  1783,  by  the  Plenipotentiaries  of  the  United  States  and  of  his  Ma- 
jesty the  King  of  Sweden,  is  renewed  and  j)Ut  in  force  by  the  present 
treaty,  in  respect  to  all  which  is  contained  in  the  second,  fifth,  sixth, 
scvcuth,  eighth,  ninth,  tenth,  eleventh,  twelfth,  tliirteenth,  fourteenth. 


TREATIES    WITH    SWEDEN. 


457 


under  temporary  sequestration,  in  June  1810,  by  the  French, 
and  was  shortly  after  transferred  to  Sweden. 

"  None  of  the  nation?,  whose  dominions  border  on  the  Baltic, 
ever  committed,  in  relation  to  the  United  States,  nor  it  is  believed 
in  relation  to  other  friendly  nations,  any  act  similar  to  that,  for 
which  the  undersigned  has  been  instructed  to  ask  indemnity  from 
Sweden.  Of  the  conduct  of  Russia  and  Prussia  during  the  conti- 
nental system,  the  United  States  have  no  cause  to  complain,  and  if 
Denmark  imposed  a  sequestration  towards  the  close  of  the  year 
1809,  on  American  vessels  and  their  cargoes  in  her  ports,  that  se- 
questration continued  for  a  few  months  only,  and  the  American 
property,  subjected  to  it,  was  restored,  without  exception,  to  the 
lawful  owners.  If  the  United  States  have  now  claims  on  Demark, 
it  is  for  the  lawless  depredations  of  her  privateers  and  the  unjust 
decision  of  her  tribunals,  and  not  for  the  confiscation  without  the 

fifteenth,  sixteenth,  seventeenth,  eighteenth,  nineteenth,  twenty-first, 
twenty-second,  twenty-third,  and  twenty-fifth,  articles  of  the  said  trea- 
ty, as  well  us  the  separate  articles  one,  two,  four,  and  five,  which  were 
signed  the  same  day  by  the  same  plenipotentiaries ;  and  the  articles 
specified  shall  he  considered  to  have  as  full  force  and  vigour  as  if  they 
were  inserted  word  for  word  :  Provided,  nevertheless,  that  the  stipu- 
lations contained  in  the  articles  above  mentioned  shall  always  be  con- 
sidered as  making  no  change  in  the  conventions  ]>reviously  concluded 
with  other  friendly  and  allied  nations. 

"  Art.  13.  Considering  the  distance  of  the  respective  countries  of 
the  two  high  contracting  parties,  and  the  uncertainty  that  results 
therefrom  in  relation  to  the  various  events  which  may  take  jilace,  it  is 
agreed  that  a  merchant  vessel,  belonging  to  one  of  the  contracting 
parties,  and  destined  to  a  port  supposed  to  be  blockaded  at  that  time 
of  her  departure,  shall  not,  however,  be  captured  or  condemned  for 
having  a  first  time  attempted  to  enter  the  said  port,  unless  it  may  be 
proved  that  the  said  vessel  could  and  ought  to  have  learned,  on  her 
passage,  that  the  place  in  question  continued  to  l)e  in  a  state  of  block- 
ado.  But  vessels  which,  after  having  been  once  tmned  away,  shall 
attempt  a  second  time,  during  the  same  voyage,  to  enter  the  same 
port  of  the  enemy,  while  the  blockade  continues,  shall  be  liable  to  de- 
tention and  coiidctimation. 

"  Art.  14.  This  treaty  to  endure  for  eight  years  after  the  exchange 
of  tlie  ratifications,  viz.  until  25th  {September  IdaU." 

VOL.     I.  ^8  ' 


458 


TREATIES   WITH    SWEDEN. 


form  ofu  trial  of  property,  acknowledged'to  be  American,  and  fair* 
\y  and  regularly  entered  at  her  custom  bouses.  Of  all  the  natiqni*, 
bordering  on  the  Baltic,  it  was  left  for  Sweden,  atone,  to  receive 
the  duties,  and  summarily  and  peremptorily  to  confiscate  the  mer- 
chandise without  suggesting  a  doubt  of  its  origin  or  ownership." 

*^  The  Swedish  government,  forgetting  its  previous  assurances 

and  disregarding  the  incontrovertible  rights  of  the  citizens  of  the 
United  States  and  the  friendly  relations,  which  had  not  ceased  to 
subsist  between  the  two  countries,  advertised  that  property  for 
sale  at  Stralsund  on  the  2d  day  of  August  1811,  actually  sold  it 
on  the  14th  day  of  the  same  month,  and  caused  the  proceeds  there- 
of to  be  paid  into  the  Swedish  royal  treasury  in  Pomerania. 
These  facts,  it  is  believed,  will  not  be  contested,  for  they  are  sup- 
ported by  documents  of  acknowledged  authenticity.  Between  the 
12th  July  1811,  the  day  on  which  this  property  was  placed  at  the 
disposal  of  the  Swedish  government,  and  the  second  day  of  the  fol- 
lowing month,  on  which  it  was  advertised  for  sale,  there  elapsed 
twenty  one  days  only,  a  period  barely  sufHcient  for  deciding  on  the 
royal  order  at  Stockholm  and  for  its  transmission  to  StralsunJ,  and 
for  the  preparation  and  publication  of  the  advertisement.  The 
undersigned  is  ignorant  of  the  date  of  that  order,  but  from  the  con- 
siderations, just  suggested,  it  could  not  well  have  been  issued  at  a 
later  day  than  the  twentieth  of  the  same  month  of  July,  and  con- 
sequently not  more  than  eight  days  after  the  note  of  the  Baron 
Alquicr  had  announced  the  complete  liberation,  on  the  part  of 
France,  of  the  sequestered  property.  "Whatever  might  have  been 
the  extravagance  and  versatility  of  the  predominant  despotism  of 
the  time,  it  will  not  be  presumed,  that  the  government  of  the  Unit- 
ed States  will  volunteer  a  belief  of  a  total  change  of  policy  in  so 
brief  a  period,  and  that,  instead  of  consenting  to  raise  the  seques- 
ter as  so  formally  and  recently  announced,  it  had  been  capriciously 
resolved  to  proceed  to  immediate  contiscation.  His  Excellency 
must  be  aware,  that  the  precise  orders,  received  from  the  French 
government  during  that  period,  should  be  produced,  and  communi- 
cated to  the  American  government  to  obtain  its  faith  in  the  exist- 
ence of  an  inconsistency  in  its  nature  so  incredible.  But  neither 
his  Excellency  or  any  other  Swedish  functionary  has  attempted  to 
show  that  any  such  orders  were  so  received,  and  the  undersigned 
will  now  dare  to  trouble  his  Excellency  with  proof,  not  mere  pre- 


TKKATIBS    WITH    SW&DEW. 


459 


I,  and  fair- 
le  natiqn)*, 

0  receive 

1  the  mer- 
rnership." 
issurances 
ens  of  the 
ceased  to 
iperty  for 
lly  sold  it 
seds  there- 
*omerania. 
y  are  snp- 
itween  the 
teed  at  the 

of  the  fol- 
re  elapsed 
(ling  on  the 
itlsunJ,  and 
ent.     The 
m  the  con- 
issued  at  a 
',  and  con- 
the  Baron 
he  part  of 
have  been 
ispotism  of 
)f  the  Unit- 
)olicy  in  so 
he  seques- 
apriciously 
xcellency 
le  French 
comtnuni" 
the  exist- 
ut  neither 
empted  to 
ndersigned 
mere  pre- 


satnptive,  that  they  are  not.  A  declaration  of  the  Swedish  authori'- 
ties  in  Pomerania  renders  it  certain  that  they,  at  least,  acted  in 
complete  ignorance  of  such  orders,  as  well  as  all  French  interference 
on  the  occasion,  and  in  the  full  conviction,  that  the  Swedish  gov- 
ernment at  Stockholm  bad  (he  exclusive  control  of  the  transaction. 
This  declaration  is  contained  in  the  reply  of  those  authorities,  on 
the  9lh  of  August  1811,  to  a  memorial,  presented  to  them  on  the 
6th  of  that  month  by  certain  merchants  of  Stralsund,  on  behalf  of 
themselves  and  of  their  American  constituents.  This  reply  clear- 
ly manifests  the  opinion,  which  the  Swedish  Uegenc^  in  Pomerania 
entertained  of  the  justice  of  the  object  of  the  memorial,  and  of  the 
competency  of  their  Sovereign  to  decide  definitively  in  relalion  lo 
it.  It  is,  likewise,  evident  from  their  engagement  to  pliice  |>ro- 
Visionally  the  proceeds  of  the  merchandise,  claimed  in  the  royal 
chamber,  that  they  acted  independently  of  all  French  interference, 
and  that  there  was  no  agent  of  France  in  their  vicinity,  whom 
they  felt  themselves  obliged  to  consult,  or  to  obey  in  this  pro- 
ceeding.*' 

These  acts  were  never  denied  by  Sweden,  but  an  attempt 
was  made  to  throw  a  different  hue  over  them. 

*'  It  is  an  undisputed  fact,  that  the  American  vessels  in  question 
entered  the  ports  of  Pomerania,  whilst  that  province  was  still  un- 
der the  dominion  of  Sweden,  but  scarcely  was  the  French  govern- 
ment informed  of  it,  when  it  gave  orders  to  its  agents  in  Pomera- 
nia to  demand  the  seizure  and  confiscation  of  these  vessels  to  the 
benefit  of  France,  alleging,  in  justification  of  this  violent  preten- 
sion, the  system,  called  continental,  under  which  France  then 
cloaked  her  projects  of  progressive  encroachment,  menacing  all 
Europe,  but  which  had,  notwithstanding,  been  acceded  to  by  all 
European  powers  at  peace  with  the  French  empire.  The  imposing 
force,  at  that  time  kept  up  by  France  in  those  countries,  left  no  alter- 
native to  the  Swedish  government,  which  was  reluctantly  compell- 
ed  to  acquiesce  in  her  demands.  The  steps  then  taken  by  Sweden 
with  the  French  government,  to  obtain  a  transfer  to  her  of  the 
property,  thus  confiscated,  were  prompted  by  a  desire  to  restore 
it  to  the  lawful  owners,  but  they  proved  ineffectual,  France,  hav- 
ing agreed  to  transfer  on  certain  conditions  only,  expressly  stipu- 
lating, that  the  proceeds  of  these  cargoes  should  be  immediately 


460 


TREATIES    -WITH     SWEDEN. 


employed  in  placing  Pomerania  in  n  state  of  defence  against  the 
English  naval  force,  which  then  threatened  all  the  shores  of  the 
Baltic.""  > 

The  Swedish  Secretary  of  State,  Count  d'Engerstroem,  was 
not  unsparing  of  professions  of  good  will,  assurances  of  love 
of  justice,  declarations  of  frankness  and  various  other  diplo- 
matic phrases,  of  which  it  has  been  the  lot  of  American 
ministers  to  receive,  a  mortifying  profusion,  since  the  dis- 
cussion of  the  claims  of  this  country  on  certain  European 
governments,  and  the  utility  or  application  of  which  is  never 
apparent  in  those  cases,  where  any  thing  else  can  be  said. 
This  demand  was  not  pressed  by  the  United  States  in  a  pe- 
remptory manner,  but  full  and  distinct  notice  was  given,  that 
it  had  by  no  means  been  abandoned.  The  amount  in  dis- 
cussion was  inconsiderable,  but  the  manner  of  the  seizure, 
sequestration  and  sale,  and  the  methods  employed  to  delay 
a  proper  consideration  of  the  subject  leave  to  those,  who  im- 
partially and  carefully  examine  it,  no  other  alternative  than 
to  consider  it  as  a  transaction,  admitting  neither  defence  nor 
justification.  Even  the  King  of  Sweden  appeared  to  allow, 
that  the  claim  was  a  just  one,  and  that  indemnity  should  be 
made,  if  he  had  funds. 

"  Agreeably  to  the  invitation,  above  mentioned,  I  dined  yesterday 
with  the  King  at  his  country  palace  of  Rosendala.  Immediately 
after  dinner,  he  desired  me  and  Count  d'Engerstroem  to  accompany 
him  into  his  private  apartments.  He  there,  at  once,  introduced 
the  subject  of  the  claims,  and  expressed  a  regret  that  all  the  cir- 
cumstances, connected  with  that  transaction,  had  not  hitherto  been 
communicated  to  the  American  government.  He  observed  that 
these  circumstances,  he  believed,  would  palliate,  if  not  justify  the 
conduct  of  Sweden  in  that  transaction,  and  that  they  should  be  im- 
mediately addressed  to  me.  He  then  gave  directions  to  Count 
d^Engerstroem  in  conformity  with  thisdeclaration,  and,  indoingso, 
be  alluded  to  an  order  of  the  French  government,  designating  the 
objects  to  which  the  proceeds  of  the  American  property  were  to 
be  applied.  He  added,  that  he  was  still  disposed  to  do  all  be 
could  for  the  relief  of  the  American  sufferers,  but  that,  as  he  had 
nothing  excepting  military  stores  at  his  disposal  for  this  object,  he 


TREATIES   WITH    SWEDEN. 


461 


gainst  the 
res  of  the 


•08  m,  was 
s  of  love 
ber  diplo- 
Aroerican 
I  the  dis- 
European 
1  is  never 
I  be  said. 
9  in  a  pe- 
;iven,  that 
it  in  dis- 
e  seizure, 
to  delay 
,  who  im- 
aitive  than 
:fence  nor 
I  to  allow, 
should  be 

i  yesterday 

nmediately 

accompany 

introduced 

II  (he  cir- 

lerto  been 

erved  that 

justify  the 

>uld  be  im« 

to  Count 
in  doing  so, 
nating  the 
[y  were  to 

do  all  he 
as  he  had 
object,  he 


J 


could  furnish  this  relief  in  articles  of  that  description  only.  I 
■imply  replied,  that  «ve  could  not  have  expected,  that  new  facts 
would  have  been  brought  forward  at  this  late  day,  after  the  ear- 
nest manner  in  which  >Te  had  so  long  urged  these  claims,  an^l  that 
I  could  hardly  believe,  1  might  say  hope,  that  these  facts  were  of 
a  nature  to  justify  the  Swedish  government  and  exempt  it  from  all 
responsibility.  I  was,  however,  entirely  disposed  to  give  to  these 
facts,  whatever  they  might  be,  a  candid  consideration." 

In  1818  Mr.  Russell  left  Stockholm,  Mr.  Hughes  remain- 
ing as  charge.  The  claim  on  Sweden  was  at  last  settled  by 
a  private  agreement,  with  which,  wo  believe,  both  parties 
were  satisfied.  The  United  States  have,  therefore,  no 
points  in  litigation  with  that  country,  no  indemnities  to  seek 
for  spoliations,  committed  during  a  period,  when  the  plea  of 
necessity  may,  truly,  be  urged  for  the  act,  though,  by  no 
means,  constituting  an  exemption  from  the  obligation  of 
making  compensation. 

Sweden  has  been  the  first  government  in  Europe  to  ex- 
tend to  the  United  States  the  benefits  of  a  perfect  reciproci- 
ty  in  matters  of  commerce.  The  trade  of  that  country  is 
not  great  in  amount,  though  on  account  of  some  of  the  arti- 
cles of  export,  it  is  deservedly  considered  of  importance. 
In  1821,  Sweden  proposed  to  place  American  vessels  in  the 
ports  of  Norway  on  the  footing  of  national  vessels  from 
whatever  port  arriving,  or  with  whatever  cargo  laden.  This 
offer  embraced  a  more  perfect  reciprocity  than  was  allowed 
by  statute,  had  been  inserted  in  any  of  our  treaties,  or  was 
ever  made  by  any  other  government.  The  opinion  has  not 
been  an  uncommon  one,  even  in  this  country,  that  the  ships 
of  the  north  of  Europe  could  navigate  on  better  terms  than 
our  own,  from  the  acknowledged  facts,  that  labour,  ship 
building  and  subsistence  could  be  obtained  at  cheaper  rates. 
But  it  is  now  evident,  that  skill,  intelligence  and  enterprise, 
speedily  and  with  facility,  overcome  the  apparently  formida- 
ble disadvantages  of  higher  prices,  both  as  to  labour  and  raw 
material,  as  labour  and  raw  material  form  but  a  small  pro- 
portion of  the  value  of  commodities.     The  Swedish  gov- 


462 


TREATISS  WITH   SWEDEN. 


ernment  may,  therefore,  have  made  this  proposal,  expecting, 
for  the  reasons  we  have  given,  to  undercarry  our  vessels  ; 
but  an  experience  of  a  few  years  has  already  fully  demon- 
strated the  inferiority  of  those  natural,  or  accidental  advan- 
tages. In  June  of  the  same  year  (1821)  the  Swedish 
charge  at  Washington,  the  Baron  de  Stackelberg,  communi- 
cated this  olfer  to  the  government,  and  soon  after  a  procla- 
mation was  issued  by  the  President,  securing  to  Norwegian 
vessels  all  the  benefits  and  privileges  of  the  acts  of  March 
1815  and  of  March  1817,  regulating  the  subject  of  discrimi- 
nating  duties. 

In  1825  Mr.  Hughes  was  transferred  to  the  Hague,  and 
W.  C.  Somerville  of  Virginia  appointed  the  same  year  to 
succeed  him,  having  died  in  the  course  of  1826  at  Paris, — 
John  James  Appletnn  of  Massachusetts  was  appointed  a 
charge  at  Stockholm.  Mr.  Appleton  negotiated  with  the 
Count  de  Wetterstedt,  in  the  summer  of  1827,  the  treaty, 
with  which  we  shall  terminate  the  account  of  our  relations 
with  Sweden.  This  treaty  is  on  the  principle  of  the  most 
entire  reciprocity  as  to  vessels  on  the  one  hand  of  the  Unit- 
ed States,  and,  on  the  other,  of  Sweden,  Norway  and  St. 
Bartholomews,  the  only  colonial''*'  possession  of  Sweden  in 
the  West  Indies.  In  this  instance,  therefore,  the  United 
States  have  succeeded  in  breaking  through  the  European 
colonial  system,  and  in  obtaining  admittance  into  those  set- 
tlements on  the  same  terms  as  into  the  mother  country. 
This  is  the  second  most  decided  step  the  commercial  sys- 
tem of  this  country  has  made,  and  it  establishes  the  important 
fact,  that  the  colonial  principle  is  neither  invincible  nor  uni- 
versal. The  ratifications  were  exchanged  in  January  1828 
at  Washington.  The  stipulations  in  regard  to  commerce 
and  navigation  will  be  found  in  the  first  12  articles.  This 
treaty,  also,  regulated  (articles  1 3  and  1 4)  the  appointment, 

-  *  The  trade  with  that  Island  in  the  years  1825-26,  both  arriving 
and  departing,  exceeded  4000  tons,  and  was  all  done  in  American 
vessels. 


TRBATI£8    WITH    SWEDEN. 


46a 


expecting, 
r  vessels  ; 
Y  demon- 
tal  advan- 
Swedish 
communi- 
a  procla- 
Norwegian 
of  March 
f  discrioiU 


ague, 


and 


J   year  to 
t  Paris, — 
pointed   ft 
with  the 
^e  treaty, 
■  relations 
the  most 
the  Unit- 
y  and   St. 
weden  in 
he  United 
European 
those  set- 
country, 
rcial  sys- 
important 
nor  uni- 
ary   1828 
commerce 
es.     This 
^ointment, 

>th  arriving 
American 


u* 


duties  and  privileges  of  consuls.  Mr.  Appleton  and  the  Baron 
de  Stackelberg  continue  to  remain  charges  in  Sweden  and  in 
this  country.* 

*  •*  /n  iht  name  of  the  Moat  Holy  and  IndiviaibU  Trinity. 

"  The  United  States  uf  America  and  His  Alujesty  the  King  of  Sweden 
and  Norway,  c(|UHlly  animated  with  tlie  desire  of  extending  and  con- 
solidating the  coYnmcrciul  relutioua  subsisting  between  their  respec- 
tive Territories,  and  convinced  that  this  object  cannot  better  be  ac- 
complished than  by  placing  them  on  the  basis  of  a  perfect  equality  and 
reciprocity,  have,  in  consequence,  agreed  to  enter  into  negotiation  for 
a  new  Treaty  of  Conunerce  and  Navigation  ;  and,  to  this  effect,  have 
appointed  plenipotentiaries,  to  wit :  The  President  of  the  Uiiited  States 
of  America,  John  James  Appleton,  Charge  d'AlTaircs  of  the  said  States 
at  the  Court  of  his  Maje^^ty  the  King  of  Sweden  and  Norway ;  and 
His  Majesty  the  King  of  Sweden  and  Norway,  the  Sieur  Gustavo 
Count  de  VVetterstedt,  his  iVlinister  of  State  and  of  Foreign  Affairs, 
Knight  Commander  of  his  orders.  Knight  of  the  Ordersof  St.  Andrew, 
St.  Alexander  Ncwsky,  and  St.  Ann,  of  the  first  class,  of  Russia  ; 
Knight  of  the  Order  of  the  Red  F.agle,  of  the  first  class,  of  Prussia  ; 
Grand  Cross  of  the  Order  of  Leo[»ol(l,  of  Austria  ;  one  of  the  Eighteen 
of  the  Swedish  Academy ;  who,  after  having  exchanged  their  full 
powers,  found  in  good  and  duo  form,  have  agreed  upon  the  following 
articles : 

"Art.  1.  The  citizens  and  subjects  of  each  of  the  two  high  con- 
tracting parties  may,  with  all  security  for  their  persons,  vessels  ond 
cargoes,  freely  enter  the  ports',  places  and  rivers,  of  the  territories  of 
the  other,  wherever  foreign  commerce  is  permitted.  They  shall  be 
at  liberty  to  sojourn  and  rei^iile  in  all  ]'arts  whatsoever  of  said  ter- 
ritories;  to  rent  and  occupy  houties  and  warehouses  for  their  com- 
merce;  and  they  shall  enjoy,  gcnerolly,  t|--  niost  entire  security  and 
protection  in  their  mercantile  transactioi. -  '  condition  of  their  sub- 
mitting to  the  laws  and  ordinances  of  the  r  -pective  countries. 

"Art.  2.  Swctlish  and  Norwegian  vessels,  and  those  of  the  isl- 
and of  St.  Bartiiolomcw,  arriving  either  laden  or  in  ballast,  into  the 
ports  of  the  United  States  of  America,  from  whatever  place  they  inoy 
come,  shall  be  treated  on  their  entrance,  dming  their  stay, and  at  their 
departure,  upon  the  same  footing  as  national  vessels  coming  from  the 
same  place,  with  respect  to  the  duties  of  tonnage,  light  houses,  pilot- 
age and  port  charges,  as  well  as  to  the  [jenpiisites  of  public  oflicers, 
and  all  other  duties  or  charges  of  whatever  kind  or  denomination, 
levied  in  the  name,  or  to  the  profit,  of  the  government,  the  local  au- 
thorities, or  of  any  private  establishment,  whatsoever. 


464 


TREATIES   WITH   SWEDEN. 


"And,  reciprocally,  the  veraels  of  the  United  States  of  America,  ar- 
riving, either  laden  or  in  bnllnst,  in  the  ports  of  the  Jtingdom  of  Sweden 
and  Norway,  from  whatever  pluce  they  iiioy  cotiie,  Bhalt  be  treated  on 
their  entrance,  during  their  stay,  and  at  their  departure,  upon  the 
same  fooling  as  national  vessels  coming  from  the  same  place,  with 
respect  to  the  duties  of  tonnage,  liglit  lioiioes,  pilotage  and  port 
charges,  as  well  as  to  the  perquisites  of  public  oftioers,  and  all  other 
duties  or  charges,  of  whatever  kind  or  denomination,  levied  in  the 
name,  or  to  the  profit  of  the  government,  the  local  authorities,  or  of 
any  private  establishment  whatsoever. 

"Art.  3.  All  that  may  bo  lawfully  imported  into  the  United  States 
of  America,  in  vessels  of  the  said  States,  may  also  be  thereinto  im- 
ported in  Swedish  and  Norwegian  vesi^els,  and  in  those  of  the  island 
of  St.  Bartholomew,  from  whatever  place  they  may  come,  without 
paying  other  or  higher  duties,  or  charges,  of  whatever  kind  or  denom- 
ination, levied  in  the  name,  or  to  the  profit,  of  the  government,  the 
local  authorities,  or  of  any  private  establishments  whatsoever,  than  if 
imjiortcd  in  national  vessels. 

"And,  reciprocally,  all  that  may  be  lawfully  imported  into  the  king- 
doms of  Sweden  and  Norway,  in  Swedish  and  Norwegian  vessels,  or 
in  those  of  the  island  of  St.  Bartholomew,  may  also  be  thereinto  im- 
ported in  vessels  of  the  United  States  of  America,  from  whatever 
place  thoy  may  come,  without  paying  other  or  higher  duties,  or 
charges,  of  whatever  kind  or  denomination,  levied  in  the  name,  or  to 
the  profit,  of  the  government,  the  locol  authorities,  or  of  any  private 
establishments  whatsoever,  than  if  importe<l  in  national  vessels. 

"Art.  4.  All  that  may  be  lawfully  exported  from  the  United  States 
of  America,  in  vessels  of  the  said  States,  may  also  be  exported  there- 
from in  Swedish  and  Norwegian  vessels,  or  in  those  of  the  island  of 
St.  Bartholomew,  without  paying  other  or  higher  duties,  or  charges, 
of  whatever  kind  or  denomination,  levied  in  the  nonie,  or  to  the  pro- 
fit, of  the  government,  the  local  outhoritics,  or  of  any  private  estab- 
lishments whotsoever,  than  if  exported  in  national  vessels. 

"  And,  reciprocally,  all  that  may  be  lawfully  exported  from  the  king- 
doms of  Sweden  and  Norway,  in  Swedish  and  Norwegian  vessels,  or  in 
those  of  the  island  of  St.  Bartholomew,  may  also  be  exported  therefrom 
in  vessels  of  the  United  States  of  America,  without  paying  other  or 
higher  duties,  or  charges,  of  whatever  kind  or  denomination,  levied  in 
the  name,  or  to  the  profit,  of  the  government,  the  local  authorities,  or 
of  any  private  establishments  whatsoever,  than  if  exported  in  national 
vessels. 

"Art.  .'>.  The  stipulations  contained  in  the  three  jn-cccding  artirlrs, 
are,  to  their  full  extent,  applicable  to  the  vessels  of  the  United  States 


TRCATIXfl   WITH   SWEDEN. 


466 


inerica,  ar- 
of  Sweden 
treated  on 
upon  the 
dace,  with 
I  and  port 
id  all  other 
'ied  in  the 
rities,  or  of 

ited  States 
ereinto  im- 
the  island 
le,  without 
or  denom- 
nnient,  the 
rer,  than  if 

o  the  king- 
vessels,  or 
ereinto  irn- 
whutever 
duties,  or 
inme,  or  to 
iny  private 
isels. 

ited  Stntcs 
rted  tliere- 
o  island  of 
)r  charges, 
to  the  pro- 
late estah- 

the  king- 
ssels,  or  in 
therefrom 
g  other  or 
evied  in 
)oritics,  or 
u  national 

ig  artlclrs, 
tod  States 


of  America,  proceeding,  either  laden,  or  not  laden,  to  the  colony  of 
St.  Bartholomew,  in  the  West  Indies,  whether  from  the  ports  of  the 
kingdoms  of  Sweden  and  Norway,  or  from  any  other  place  whatso- 
ever ;  or  proceeding  from  the  said  colony,  either  laden  or  not  laden, 
whether  bound  for  Sweden  or  Norway,  or  for  any  other,  place  what- 
soever. 

"  Art.  6.  It  is  expressly  understood  that  the  foregoing  second,  third 
and  fourth  articles,  are  not  applicable  to  the  coastwise  navigation  from 
one  port  of  the  United  States  of  America,  to  another  port  of  the  said 
States ;  nor  to  the  navigation  from  one  port  of  the  kingdoms  of  Swe- 
den or  of  Norway  to  another,  nor  to  that  between  the  two  latter  coun- 
tries ;  which  navigation  each  of  the  two  high  contracting  parties  re- 
serves to  itself. 

"Art.  7.  Each  of  the  two  high  contracting  parties  engages  not  to 
grant  in  its  purchases,  or  in  those  which  might  be  made  by  companies 
or  agents,  acting  in  its  name,  or  under  its  authority,  any  preference  to 
importations  made  in  its  own  vessels,  or  in  those  of  a  third  Power, 
over  those  made  in  the  vessels  of  the  other  contracting  party. 

"Art.  8.  The  two  high  contracting  parties  engage  not  to  impose 
upon  the  navigation  between  their  respective  territories,  in  the  vessels 
of  either,  any  tonnage  or  other  duties  of  any  kind  or  denomination, 
which  shall  be  higher,  or  other  than  those  which  shall  be  imposed  on 
every  other  navigation,  except  that  which  they  have  reserved  to  them- 
selves, respectively,  by  the  sixth  article  of  the  present  treaty. 

"  Art.  9.  There  shall  not  be  established,  in  the  United  States  of 
America,  upon  the  products  of  the  soil  or  industry  of  the  kingdoms  of 
Sweden  and  Norway,  or  of  the  island  of  St.  Bartholomew,  any  prohi- 
bition or  restriction  of  importation  or  exportation,  or  any  duties  of 
any  kind  or  denomination  whatsoever,  unless  such  prohibitions,  re- 
strictions  and  duties,  shall,  likewise,  be  established  upon  articles  of 
like  nature,  the  growth  of  any  other  country. 

"  And,  reciprocally,  there  shall  not  be  established  in  the  kingdoms  of 
Sweden  and  Norway,  nor  in  the  island  of  St.  Bartholomew,  on  the 
products  of  the  soil  or  industry  of  the  United  States  of  America,  any 
prohibition  or  restrictions  of  importation  or  exportation,  nor  any  duties 
of  any  kind  or  denomination  whatsoever,  unless  such  prohibitions,  re- 
strictions and  duties,  be  likewise  established  upon  articles  of  like  na- 
ture, the  growth  of  the  island  of  St.  Bartholomew,  or  of  any  other 
place,  in  case  such  importation  be  made  into,  or  from,  the  kingdoms 
of  Sweden  and  Norway  ;  or  of  the  kingdoms  of  Sweden  and  Norway, 
or  of  any  other  place,  in  case  such  importation  or  exportation  be  made 
into,  or  ^om,  the  island  of  St.  Bartholomew. 

"Art.  10.  All  privileges  of  transit,  and  all  bounties  and  drawbacks 
VOL,   I.  59 


466 


TRKATICS  WITH   SWKDCN. 


which  niny  bo  allowed  within  tho  torritories  of  one  of  the  high  con< 
trncting  pnrtion,  upon  the  importation  or  exportation  of  any  article 
whatBOovcr,  shall,  likewise,  be  allowed  on  the  articles  of  like  nature, 
the  products  of  tho  soil  or  industry  of  tho  other  contracting  party, 
and  on  the  importations  and  exportations  made  in  its  vessels. 

"Art.  11.  Tho  citizens  or  subjects  of  one  of  the  high  contracting 
parties,  arriving  with  their  vessels  on  tho  coasts  belonging  to  tho 
other,  but  not  wishing  to  enter  the  port,  or  after  having  entered  there- 
in, not  wishing  to  unload  any  part  of  their  cargo,  shall  be  at  liberty 
to  depart  and  continue  their  voyage,  without  paying  any  other  duties, 
imposts,  or  charges,  whatsoever,  for  the  vessel  and  cargo,  than  those 
of  pilotage,  wharfage,  and  for  the  support  of  light  houses,  when  such 
duties  shall  be  levied  on  national  vessels  in  similar  coses.  It  is  un- 
derstood, however,  that  they  shall  always  conform  to  such  regulations 
and  ordinances  concerning  navigation,  and  the  places  and  ports  which 
they  may  enter,  as  are,  or  shall  be,  in  force  with  regard  to  national 
vessels ;  and  that  tho  custom  house  ofiicers  shall  be  permitted  to  visit 
them,  to  remain  on  board,  and  to  take  all  such  precautions  as  may  bo 
necessary  to  prevent  all  unlawful  commerce,  as  long  as  the  vessels 
shall  remain  within  the  limits  of  their  jurisdiction. 

"Art.  12.  It  is  further  agreed,  that  the  vessels  of  one  of  the  high 
contracting  parties,  having  entered  into  tho  ports  of  tho  other,  will  be 
permitted  to  confine  themselves  to  unlading  such  part  only  of  their 
cargoes,  as  the  captain  or  owner  may  wish,  and  that  they  may  freely 
depart  with  the  remainder,  without  paying  any  duties,  imposts,  or 
charges  whatsoever,  except  for  that  part  which  shall  have  been  land- 
ed, and  which  shall  be  marked  upon,  and  erased  from,  the  manifest 
exhibiting  the  enumeration  of  the  artioloa  with  which  the  vusttul  was 
laden ;  which  manifest  shall  bo  presented  entire  at  the  Custom  House 
of  the  place  where  tho  vessel  shall  have  entered.    Nothing  shall  be 
paid  on  that  part  of  tho  cargo  which  the  vessel  shall  carry  away,  and 
with  which  it  may  continue  its  voyage,  to  one,  or  several  other  ports 
of  the  same  country,  there  to  dispose  of  the  remainder  of  its  cargo,  if 
composed  of  articles  whose  importation  is  permitted,  on  paying  the 
duties  chargeable  upon  it ;  or  it  may  proceed  to  any  other  country. 
It  is  understood,  however,  that  all  duties,  imposts,  or  charges  whatso- 
ever, which  are,  or  become  chargeable  upon  the  vessels  themselves, 
must  be  paid  at  the  first  port  where  they  shall  break  bulk,  or  unlade 
part  of  their  cargoes  ;  but  that  no  duties,  imposts,  or  charges,  of  the 
same  description,  shall  be  demanded  anew  in  the  ports  of  the  same 
country,  which  such  vessels,  might,  afterwards,  wish  to  enter,  unless 
national  vessels  be,  in  similar  cases,  subject  to  some  ulterior  duties. 
*'  Art.  13.  Each  of  the  high  contracting  parties  grants  to  the  other, 


**• 


TREATIES    WITH     IWEDBN. 


4tf7 


B  high  COH' 
any  articio 
like  nnture, 
iting  party, 

contracting 
ging  to  tho 
Icrod  there- 
to at  liberty 
tther  duties, 

than  those 

when  such 
I.  It  is  un- 
regulations 
ports  which 

to  national 
itted  to  visit 
B  as  may  bo 

tho  vessels 

of  the  high 

thcr,  will  be 

»nly  of  their 

f  may  freely 

imposts,  or 

3  been  land- 

:he  manifest 

vusHul  was 

stom  House 

ng  shall  be 

away,  and 

other  porta 

its  cargo,  if 

paying  tho 

er  country. 

;es  whatso- 

themselves, 

or  unlade 

ges,  of  the 

>f  the  same 

nter,  unless 

)r  duties,     i 

0  the  other, 


s 


the  privilege  of  ap|iointing,  in  its  commercial  iiorts  and  places,  con- 
suls, vice  consuls,  and  commercial  agents,  who  shall  enjoy  tliM  full 
prutoctiun,  and  receive  every  assiHtunne  nucessory  fur  tlio  due  vxcrciso 
of  their  functions  ;  but  it  is  expressly  declared,  that,  in  case  of  illegal 
or  inipro|>er  conduct,  with  respect  to  the  laws  or  government  of  tho 
country  in  which  said  consul:*,  vice  consuls,  or  coniinerciul  ogcnts 
shall  reside,  they  may  be  prosecuted  and  punished  confurmaliiy  to  tho 
laws,  and  deprived  of  the  exercise  of  their  functions  by  the  uH'undud 
government,  which  ahall  acquaint  the  other  with  its  motive  for  having 
thus  acted  ;  it  being  understood,  however,  that  thn  arcliivos  and  docu- 
ments relative  to  the  ailuirs  of  the  consulate  shall  bu  exempt  from  all 
search,  and  shall  bo  carefully  preserved  under  the  souls  of  the  consitls, 
vice  consuls,  or  commercial  agents,  and  of  the  authority  of  the  place 
where  they  may  reside. 

"The  consuls,  vice  conauls,  commercial  agents,  or  the  persons  duly 
authorized  to  supply  their  places,  shall  have  the  right,  as  such,  to  sit 
as  judges  and  arbitrators  in  such  differences  as  may  oriso  between  the 
captains  and  crews  of  the  vessels  belonging  to  the  nation  whose  in- 
terests are  conunitted  to  their  charge,  without  the  interference  of  the 
local  authorities,  unless  the  conduct  of  the  crews,  or  of  the  captain, 
should  disturb  the  order  or  tranquillity  of  the  country  ;  or  the  said 
consuls,  vice  consuls,  or  commercial  agents  should  require  their  as- 
sistance to  cause  their  decisions  to  be  carried  into  eifcct  or  supported. 
It  is,  however,  understood,  that  this  species  of  judyniont,  or  arbitra- 
tion, shall  not  deprive  the  contending  parties  of  tiie  ri<.^ht  they  have  to 
resort,  on  their  return,  to  the  judicial  authority  of  their  country. 

"Art.  14.  The  said  consuls,  vice  consuls,  or  commercial  o^rents,  are 
authorized  to  require  the  assistance  of  the  local  uuthoritics,  for  tho  ar- 
rest, detention  and  imprisourricnt,  of  the  deserters  from  tiio  ships  of 
war  and  merchant  vessels  of  tlicir  country;  and,  for  this  purpose,  they 
shall  apply  to  the  competent  tributiuls,  judges  and  ofhcers,  and  shall, 
in  writing,  demand  said  deserters,  proving,  by  the  exhibition  of  the 
registers  of  the  vessels,  the  rolls  of  the  crews,  or  by  other  oflicial  docu- 
ments, that  such  individuals  formed  pnrt  of  the  crews,  and  on  this  re- 
clamation being  thus  substantiated,  the  surrender  shall  not  be  refused. 

"Such  deserters,  when  arrested,  shall  be  placed  at  the  di8|)osal  of 
the  said  consuls,  vice  consuls,  or  commercial  agents,  and  may  be  con- 
fined in  the  public  prisons,  at  the  request  and  cost  of  those  who  claim 
them,  in  order  to  be  sent  to  tlie  vessels  to  which  they  l)elongcd,  or  to 
others  of  tlie  same  countrj'.  But,  if  not  scut  back  within  the  space  of 
two  months,  reckoning  from  the  day  of  their  arrest,  they  shall  he  set  at 
liberty,  and  shall  not  be  again  arrested  for  the  same  cause.      :tir  »*«», 


46S 


TREATIES     WITH     SWEDEN. 


"  It  is  understood,  however,  that,  if  the  deserter  should  be  found  to 
have  committed  any  crime  or  offence,  his  surrender  may  be  delayed, 
until  the  tribunal  before  which  the  case  shall  be  depending,  shall  have 
pronounced  its  sentence,  and  such  sentence  shall  have  been  carried 
into  effect. 

"Art.  15.  In  case  any  vessel  of  one  of  the  high  contracting  parties 
shall  have  been  stranded  or  shipwrecked,  or  shall  have  siifTered  any 
other  damage  on  the  coasts  of  the  dominions  of  the  other,  every  aid 
and  assistance  shall  be  given  to  the  persons  shipwrecked  **  'n  danger, 
and  passports  shall  be  granted  to  thetn  to  return  to  their  country. 
The  shipwrecked  vessels  and  merchandise,  or  their  prot^eeds,  if  the 
same  shall  have  been  sold,  shall  be  restored  to  their  owners,  or  to 
those  entitled  thereto,  if  cluimed  within  a  year  and  a  day,  upon  paying 
such  costs  of  salvage  as  would  be  paid  by  national  vessels  in  the  same 
circumstances ;  and  the  saivnge  companies  shall  not  compel  the  ac- 
ceptance of  their  se.-vices,  except  in  the  same  cases,  and  after  the 
same  delays,  as  shall  be  granted  to  thn  captains  and  crews  of  national 
vessels.  Moroover,  the  respective  governments  will  take  care  that 
these  coiiipanies  do  not  commit  any  vexatious  or  arbitrary  acts. 

"  Art.  Id.  It  is  agreed  that  vessels  arriving  directly  from  the  United 
States  ofAmerica,  at  a  port  within  the  dominions  of  his  majesty  the 
king  of  Sweden  and  Norway,  or  from  the  territorie  of  his  said  majes- 
ty in  Europe,  at  a  port  of  the  United  States,  and  p  >vided  with  a  bill 
of  health  granted  by  an  officer  having  competent  p*  "er  to  that  effect, 
at  the  port  whence  such  vessel  shall  have  sailed,  set  ig  forth  that  no 
malignant  or  contagious  diseases  prevailed  in  that  p 
jected  to  no  other  quarantine  than  such  as  may  be  i 
visit  of  the  health  ofKcer  of  the  port  where  such  ves 
rived  ;  after  which  said  vessels  shall  be  allowed  im 


and  unload  their  cargoes ;  provided  a!ways,  that 


■t,  shall  be  sub- 
cessary  for  the 
■\  shall  have  ar- 
ediately  to  enter 
ere  shall  be  on 
"■  been  attacked 


board  no  person  who,  during  the  voyage,  shall  h 
with  any  malignant  or  contagious  diseases ;  that  such  vessels  shall 
not,  during  their  passage,  have  communicated  with  any  vessel  hable, 
itself,  to  undergo  a  quarantine  ;  and  that  the  country  whence  they 
came  shall  not,  at  that  time,  be  so  far  infected  or  suspected,  that,  be- 
fore their  arrival  an  ordinance  had  been  issued,  in  consequence  of 
which  all  vessels  coming  from  that  country  should  be  considered  as 
suspected,  and  consequently  subject  to  quhrantine. 

"Art.  17.  The  second,  fifth,  sixth,  seventh,  eighth,  ninth,  tenth, 
eleventh,  twelfth,  thirteenth,  fourteenth,  fifteenth,  sixteenth,  seven- 
teenth, eighteenth,  nineteenth,  twenty-first,  twenty-second,  twenty- 
third  and  twenty-fifth  articles  of  the  treaty  of  amity  and  ccmmerce 


1^' 


^ 


n 


»  "'^ 


TRSATIEB    WITH    SWSDSV. 


469 


e  found  td 
»e  delayed, 
shall  have 
en  carried 

ing  parties 
ffered  any 
,  every  aid 
'n  danger, 
r  country, 
leds,  if  the 
tiers,  or  to 
pon  paying 
n  the  same 
)el  the  nc- 
]  lifter  the 
of  national 

I  care  that 
acts. 

the  United 
najesty  the 
said  niajcs' 
with  a  bill 
that  effect, 
•th  that  no 
all  he  sub- 
iry  for  the 

II  have  ar- 
ily  to  enter 
liail  be  on 
n  attacked 
ssels  shall 
ssel  liable, 
lence  they 
d,  that,  be- 

quenc6  of 
sidered  as 

nth,  tenth, 
th,  seven- 

d,  twenty- 
ccmmerce 


) 


> 


t 


%. 


.M 


(Concluded  at  Paris  on  the  third  of  April,  one  thousand  seven  hundred 
eighty-three,  by  the  plenipotentiaries  of  the  United  States  of  Ame- 
rica, and  of  his  majesty  the  king  of  Sweden,  together  with  the  first, 
second,  fourth  and  fiAh  separate  articles,  signed  on  the  same  day  by 
the  same  plenipotentiaries,  are  revived,  and  made  applicable  to  all  the 
countries  under  the  dominion  of  the  present  high  contracting  parties, 
and  shall  have  the  same  force  and  value  as  if  they  were  inserted  in 
the  context  of  the  present  treaty.  It  being  understood  that  the  stipu- 
lations contained  in  the  articles  above  cited,  shall  always  be  consider- 
ed as  in  no  manner  affecting  the  conventions  concluded  by  cither  par- 
ty with  other  nations,  during  the  interval  between  the  expiration  of 
the  said  treaty  of  one  thousand  seven  hundred  eighty-three,  and 
the  revival  of  said  articles  by  the  treaty  of  commerce  and  navigation, 
concluded  at  Stockholm  by  the  present  high  contracting  parties,  on 
the  fourth  of  September,  one  thousand  eight  hundred  and  sixteen. 

"  Art.  18.  Considering  the  remoteness  of  the  respective  countries 
of  the  two  high  contracting  parties,  and  the  uncertainty  resulting 
therefrom  with  respect  to  the  various  events  which  may  take  place,  it 
is  agreed  that  a  merchant  vessel  belonging  to  either  of  them,  which 
may  be  bound  to  a  port  supposed,  nt  the  time  of  its  departure,  to  be 
blockaded,  shall  not,  however,  be  captured  or  condemned  for  having 
attempted  a  first  time,  to  enter  said  port,  unless  it  can  be  proved  that 
said  vessel  could,  and  ought  to  have  learned,  during  its  voyage,  that 
the  blockade  of  the  place  in  question  still  continued.  But  all  vessels 
which,  afler  having  been  warned  off  once,  shall,  daring  the  same 
voyage,  attempt  a  second  time  to  enter  the  same  blockaded  port,  dur- 
ing the  continuance  of  said  blockade,  shall  then  subject  themselves  to 
be  detained  and  condemned. 

"  Art.  19.  The  present  treaty  shall  continue  in  force  for  ten  years, 
counting  from  the  day  of  the  exchange  of  the  ratifications,  and  if,  be- 
fore the  expiration  of  the  first  nine  years,  neither  of  the  high  contract- 
ing parties  shall  have  announced,  by  an  official  notification  to  the  oth- 
er, its  intention  to  arrest  the  operation  of  said  treaty,  it  shall  remain 
binding  for  one  year  beyond  that  time,  and  so  on,  until  the  expiration 
of  the  twelve  months  which  will  follow  a  similar  notification,  whatever 
the  time  at  which  it  ma2'^  take  place. 

"  Art.  20.  The  present  treaty  shall  be  ratified  by  the  President  of 
the  United  States  of  America,  by  and  with  the  advice  and  consent  of 
the  Senate,  and  by  his  majesty  the  king  of  Sweden  and  Norway,  and 
the  ratifications  shall  be  exchanged  at  Washington  within  the  space 
of  nine  months  from  the  signature,  or  sooner  if  possible. 

'*  In  faith  whereof,  the  respective  plenipotentiaries  have  signed  the 


470 


TREATISS    WITH    SWEDEN. 


\ 


It?;  present  tre&ty,  by  duplicates,  and  have  affixed  thereto  the  seals  of 
their  arms.  Done  at  Stockholm,  the  fourth  of  July,  in  the  year 
of  grace  one  thousand  eight  hundred  and  twecty-seven. 

Til  «  J.  J.  APPLETON,  [l.  8.] 

«  G.  COUNT  DE  WETTERSTEDT,  [t.  s.]  ;, 


(J  I? 


<V1 


•  ikjt?;^     ?h>  ;■ 


«« SEPARATE  ARTICLE. 


is 


"  Certain  relations  of  proximity  and  ancient  connexions  having  led 
to  regulations  fur  the  importation  of  the  products  of  the  kingdoms  of 
Sweden  and  Norway  into  the  Grand  Dutchy  of  Finland,  and  that  of 
the  products  of  Finland  into  Sweden  and  Norway,  in  vessels  of  the 
respective  countries,  by  special  stipulations  of  a  treaty  still  in  force, 
and  whose  renewal  forms,  at  this  time,  the  subject  of  a  negotiation 
between  the  courts  of  Sweden  and  Norway  and  Russia,  said  stipula- 
tions being  in  no  manner,  connected  with  the  existing  regulations  for 
foreign  commerce  in  general,  the  two  high  contracting  parties,  anxious 
to  remove  from  their  commercial  relations  till  kinds  of  ambiguity  or 
motives  of  discussion,  iiave  agreed  that  the  eighth,  ninth  and  tenth 
articles  of  the  present  treaty  sfiall  not  be  applicable  either  to  the  navi- 
gation and  commerce  above  mentioned,  nor,  consequently,  to  the  ex» 
ceptions  in  the  general  tariff  of  custom  house  dutieo,  and  in  the  regula- 
tions of  navigation  resulting  therefrom,  nor  to  the  special  advantages 
which  are,  or  may  be  granted  to  the  importation  of  tallow  and  candles 
from  Russia,  founded  upon  equivalent  advantages  granted  by  Russia 
on  certain  articles  of  importation  from  Sweden  and  Norway. 

"The  present  separate  article  sliall  have  the  same  force  and  value 
as  if  it  were  inserted,  word  for  word,  in  the  treaty  signed  this  day,  and 
shall  be  ratified  at  the  same  time. 

"In  faith  whereof,  we,  the  undersigned,  by  virtue  of  our  respective 
full  powers,  have  signed  the  present  separate  article,  and  affixed 
thereto  the  seals  of  our  arms. 

"Done  at  Stockholm,  the  fourth  of  July,  one  thousand- eight  hun- 
dred and  twenty-seven. 

«J.  J.  APPLETON,  [l.  8.] 

"  G.  COUNT  DE  WETTERSTEDT,  [i,.  s.]" 


i" 
"i  < 


»-*!•'." 


1     !>,: 


o'llJ^V.  ^»'i.l  1' 


•J>[i 


END     OF 


.;? 


VOLUME    riRST. 


y-ir-i  >*?  •?:;! 


•i/<;«   t-S 


^'A  -A 


the  seals  of 
,  in  the  year 
m. 

[l.  8.]    ■ 
IT,  [l.  8.] 


having  led 
ingdoms  of 
and  that  of 
ssels  of  the 
ill  in  force, 
negotiation 
;aid  stipula- 
iilations  for 
ies,  anxious 
mhiguity  or 
and  tenth 
to  the  navi- 
,  to  the  ex- 
the  regula- 
advantugcs 
and  candles 
I  hy  Russia 

.y.    ■'^*?r^*^; 

!  and  value 
lis  day,  and 

respective 
and  affixed 


eight  hun- 


[l.  s.] 

r,  [1,.  s.]" 


i    i 


